What to Expect From the Insurance Adjuster After a Car Accident

Insurance Adjusters, Total Losses and Diminished Value

After a car crash, most people deal with an insurance adjuster long before they think about a lawsuit. The adjuster's job is to evaluate the claim for the insurance company, and some common practices can lower what a claim is worth if they go unnoticed. Knowing what to expect is one reason people talk with a car accident lawyer before signing anything.

What the adjuster may ask for

An adjuster for the other driver may call within days to request a recorded statement. There is usually no obligation to give one to the other side's insurer, though a person's own policy may require cooperation with that insurer. Statements made while in pain or on medication can be used later to dispute the claim. Adjusters sometimes send broad medical authorizations that open records unrelated to the crash. A car accident attorney usually limits what is shared to records related to the crash.

Common settlement practices

An offer may arrive before the full extent of an injury is known. Accepting usually means signing a release that ends the injury claim. Some insurers argue that minor vehicle damage means no one could have been hurt, or point to gaps in treatment and preexisting conditions. They may also argue comparative negligence, assigning part of the fault to the injured driver.

Property damage claims

The property damage part of a claim usually resolves sooner than the injury part. When a car is repairable, the insurer prepares an estimate, and the shop may find more damage once the car is taken apart. Rules on aftermarket parts depend on the policy and state law. If repairs would cost more than a threshold set by state law or the insurer, the car is declared a total loss. The insurer then pays the actual cash value, the market value right before the crash. Listings for comparable vehicles can support a higher valuation, and gap insurance, if purchased, may cover what is still owed on a loan.

Rental cars and loss of use

While https://rafaeluygp149.silverstonebrief.com/posts/police-reports-dashcam-video-and-car-crash-evidence the car is being repaired, the at-fault driver's insurer may owe the reasonable cost of a rental or payment for loss of use. How long that period should last is a common dispute, particularly when parts are delayed or the insurer is slow to inspect. A person's own rental reimbursement coverage typically has a daily limit and a maximum number of days. Keeping receipts and notes of each call with the adjuster helps support the claim.

Diminished value

A repaired car with a crash history often sells for less than one without. That loss is known as diminished value. Whether it can be recovered depends on the state and the type of claim. Claims against the at-fault driver's insurer are more commonly allowed than first-party claims under one's own policy, which may exclude diminished value. A written appraisal and the vehicle history report can document the loss. An automobile accident lawyer can explain whether the state where the crash happened allows the claim.

Complaints and general information

Every state has an insurance regulator that accepts consumer complaints, and some states have bad faith laws for unreasonable claim handling. This article is general information, not legal advice, and no article can promise any result.