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Insurance Adjuster

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Insurance Adjuster

An insurance adjuster is responsible for evaluating insurance claims to determine whether the insurer should pay out and, if so, how much. In many cases, the adjuster also negotiates the settlement amount. Typically, insurance adjusters are skilled negotiators who handle a wide range of claims, including car accidents, medical malpractice, slip and fall incidents, wrongful death, property damage, and more.

Insurance Adjuster Job Description

An insurance adjuster performs the following functions, among others: 

  • Acting as a liaison between the insured or a third-party claimant and the insurance company
  • Investigating your claim 
  • Assessing the value of your damages 
  • Determining the extent of your coverage 
  • Negotiating a settlement with you

An adjuster might specialize in a specific type of claim, such as auto accidents. 

The Insurance Adjuster is Your Adversary

Insurance adjusters are employees of the insurance companies they represent, and their primary responsibility is to protect the financial interests of the insurer. As for-profit entities, insurance companies aim to maximize their profits, which often involves minimizing claim payouts. While you seek a fair and reasonable settlement, the adjuster’s goal is to pay as little as possible.

Given this inherent conflict of interest, having skilled legal representation is essential when negotiating with an insurance adjuster. It is not that all adjusters are dishonest, but rather that your objectives are fundamentally different, making it crucial to have a lawyer advocate on your behalf to ensure a fair resolution.

The Settlement Process

The settlement process starts with investigation and evidence gathering by both sides. You or your lawyer will send the insurance adjuster a demand letter that:

  • States your claim, 
  • Provides an argument, 
  • Asks for a certain sum, 
  • Includes a deadline for a response, and 
  • Includes supporting documents, such as medical records.

Your lawyer should draft and sign this letter. The insurance adjuster may flatly reject your claim, or they might submit a counteroffer. If they flatly reject your claim, you might end up in court. If they submit a counteroffer, things will go back and forth for a while until you reach a settlement.

Common Tricks That Insurance Adjusters Use

Below is a brief overview of common tactics employed by insurance adjusters to discourage you from pursuing your claim or to pressure you into settling for less than you deserve. While some of these strategies may be more legitimate than others, they all aim to protect the insurer’s bottom line at your expense.

  • Arbitrary denials: The adjuster might flatly deny your claim without giving any reason or on a flimsy pretext.
  • “Lowballing”: The adjuster’s initial offer is likely to be ridiculously low. They are hoping you will accept it out of desperation as medical bills and lost earnings mount with no other way to pay your bills. 
  • Delays: In Nevada, the statute of limitations generally gives you only two years from the date of your injury to file a lawsuit or finalize a settlement. After that, your claim typically drops to zero. If you represent yourself, the adjuster might subject you to a series of small delays as a strategy for lulling you into missing the statute of limitations deadline. 
  • Burdensome paperwork: The adjuster may try to inundate you with unnecessary paperwork to get you to give in and accept an inadequate offer. A certain amount of paperwork is appropriate, but too much of it is abusive.
  • Taking advantage of comparative fault: The insurance adjuster for the other party in a negligence claim might take advantage of Nevada’s comparative fault law to reduce their liability by assigning partial blame to you. This will work both in court and at the settlement table. If your share of the blame exceeds 50%, your damages will fall to zero.
  • Misinterpreting policy language: An adjuster might deliberately misinterpret the language of the relevant insurance policy to justify denying your claim. This is a serious ethical violation.  
  • Secretly monitoring your social network accounts: Monitoring your social media accounts without your knowledge: It is crucial to avoid discussing your case on social media during the claims process. In fact, consider temporarily suspending your accounts while your claim is pending. Insurance adjusters may use seemingly harmless posts, such as photos of you at a social event, as a basis to challenge the validity or reduce the value of your claim.
  • Convincing you that you don’t need a lawyer: While you may be able to manage a small claim independently, for larger claims, it’s essential to consult with an attorney. The reality is that you may not fully understand the value of your claim without professional legal guidance. 

To ensure your rights are protected and you receive the compensation you deserve, it’s essential to work with an experienced attorney who can help you navigate these challenges and avoid falling victim to these common insurance company tricks.

Insurance Bad Faith Claims

If an insurance adjuster engages in overly aggressive or unethical tactics, you may have grounds to file a bad faith claim against the insurer. This type of claim is separate from your original personal injury claim and allows you to pursue additional damages for the insurer’s wrongful conduct. Bad faith claims can arise from actions such as unjustly denying your claim, offering unreasonably low settlements, or failing to investigate your claim in a timely manner.

However, pursuing a bad faith claim is not without its challenges. These cases are notoriously difficult to win because insurance companies often defend their actions by arguing that their decisions were made in good faith. Because of the complexity and high burden of proof in these cases, it is crucial to work with an experienced attorney who can effectively present your claim and hold the insurer accountable for its actions.

How a Personal Injury Lawyer Can Help You

A  Nevada personal injury lawyer can help you by investigating your claim, gathering evidence, estimating the value of your claim, negotiating with the insurance adjuster, and drafting a settlement agreement, among other tasks. De Castroverde Accident & Injury Lawyers is a well-established personal injury law firm with four offices across Nevada and one in California. 

With a team of over 20 experienced attorneys, we have successfully recovered hundreds of millions of dollars for our clients, demonstrating our commitment to securing the best possible outcomes for those we represent. Contact us today at (702) 222-9999 to schedule a free consultation. 

Areas We Serve

At De Castroverde Accident & Injury Lawyers our personal injury attorneys serve the following localities: Angel Park, Anthem, Boulder City, Downtown Las Vegas, East Las Vegas, Gibson Springs, Green Valley, Henderson, Lake Las Vegas, MacDonald Ranch, McCullough Hills, Mission Hills, Paradise, Peccole Ranch, Queensridge, Reno, Seven Hills, Smoke Ranch, Spring Valley, Summerlin, The Lakes, The Strip, Whitney, and more.
We also represent accident victims in Oakland, CA.

About Our Firm

De Castroverde Accident & Injury Lawyers, located in Las Vegas, NV, is a personal injury law firm established over 30 years ago.
We have 100+ years of combined experience securing hundreds of millions for injured people throughout Nevada. If you’ve been injured due to someone else’s negligence, contact us today to discuss your case.

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