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When another party causes you to be injured, you may be entitled to compensation for your injuries and damages. Usually, a personal injury case begins with filing a claim with the other party’s insurance provider.
If you file an insurance claim for damages, you will likely work with an insurance adjuster. Even though most adjusters are friendly and cooperative, they are not your friends and do not have your best interests as their priority. Understanding the role of an insurance adjuster in a personal injury case can help you obtain a fair settlement amount for your claim.
After an accident or injury, you may file an insurance claim with the at-fault party’s insurance provider.Liability insurance pays accident victims for their economic and non-economic damages. However, the insurance company will try to avoid liability for your claim if possible.
An insurance adjuster plays a vital role in a personal injury case. They will investigate your claim for the insurance company. Adjusters must be licensed under Oregon law, but that does not mean you should trust them to do what is best for you.
The company is only responsible for covered losses. Therefore, if the insured is not liable or the reason for your injury is not covered by the insurance policy, the company is not responsible for your damages.
If the adjuster determines that the insured is liable, they must calculate the damages incurred. An insurance adjuster might make a settlement offer. However, before you accept an offer from the insurance company, you should know the following about insurance adjusters:
The adjuster is not your friend and does not work for you. Their primary goal is to protect the company from liability for claims. They use all the information they gather to undervalue and deny claims. You should not trust anything the adjuster tells you without verifying the information with a personal injury lawyer.
Oregon’s modified comparative fault law bars a victim from receiving damages if their fault for the cause of an accident is greater than 50 percent. If your fault is equal to or less than 50 percent, you can receive damages. However, the amount you receive will be reduced by your percentage of blame.
Therefore, be careful what you say to an insurance adjuster. Your innocent comments could be intentionally twisted to imply that you admitted fault. Admitting fault could result in you losing your right to recover compensation or significantly lowering your claim’s value.
Adjusters often downplay the value of damages in a personal injury case. Accident victims can recover compensation for economic damages.
Examples of these damages are:
You can also recover compensation for your non-economic damages, including:
Documenting damages is crucial to receiving a settlement offer that compensates you for the full value of your claim. Financial damages are more straightforward to document because there are records of monetary losses and expenses. However, pain and suffering damages are subjective, and there are no “bills” to prove how much they are worth.
Keeping a journal with details of how your injuries impacted your daily activities, emotional well-being, physical pain, and personal relationships helps document the extent of your suffering. An experienced lawyer can also help ensure your damages are valued correctly.
An insurance adjuster may offer you a settlement before you complete medical treatment. Quick offers are usually designed to end your claim before you realize the extent of your damages or how much your case is worth.
The company requires you to sign a settlement agreement when you accept a settlement offer. Under such an agreement, you would likely be required to waive your right to sue the company, the at-fault party, and others. In other words, you would give up your right to pursue a legal case, even if you realize the company underpaid your claim or discover additional damages.
Before accepting an insurance settlement offer, seek advice from a personal injury lawyer. Don’t make the mistake of signing an agreement without consulting an attorney. Your case could be worth more than the offer.
For more information, contact an experienced personal injury lawyer at Tillmann Law Personal Injury Lawyers to schedule a free consultation today at (503) 773-3333.