Cape Cod Barrister

Cape Car Accidents and the Opposing Insurance Adjuster

Don't Talk to the Opposing Insurance Adjuster

We read daily about car accidents on the Cape. All of these accidents, those that are serious with serious injuries, as well as those that are not so serious, have one thing in common. The minute an adjuster for the at fault driver is assigned to the accident, they are working to reduce the value of the no fault bodily injury claim  of the injured party.

Often, people come into the office that had accidents weeks or months in the past. They relate their conversations with the adjuster for the at fault driver and tell me, "I spoke to the adjuster, but didn't say anything to hurt my case." WRONG. What they don't understand is that from the moment you first talk to the adjuster, they are asking you carefully crafted questions intended to elicit answers that can be used to make you look like a "malingerer" later on. That is, of course, only after thay have lulled you into a false sense of security. "Don't worry, we'll pay your medical bills; can we help you with your rental car?; can I get your wage loss information so that we can reimburse you?" Then, one year later when you are trying to negotiate your claim, you're likely to hear a comment like, "remember a year ago when you told me you felt you were getting better? You didn't really need that physical therapy, did you?"

Understand one truism. Insurance companies make money by raking in premiums and not paying on claims. When they do pay on claims, they will do anything to pay as little as possible, regardless of the actual value of the claim.

When you represent yourself, the insurance company knows you will not file suit if the case is not settled. They know that you don't know the value of your claim. They know that you are in an inferior negotiating position. Many people think that by representing themselves and eliminating the attorneys' standard 1/3 contingency fee, that they will end up better off. In any case involving anything other than a very minor injury, this will never be the case.

The insurance companies have done a masterful PR job convincing the general public that every plaintiffs' attorney spends their days chasing ambulances and that every injured plaintiff is a malingerer. Every case involves fraud and the world will come to a quick end if a jury awards fair compensation after an accident trial. Clearly, every profession has their bad apples and there is always someone trying to scam the system. However, in my experience, most plaintiffs attorneys do their best to zealously advocate for their clients and can spot the system scammer in a heartbeat.

If you are injured in an accident caused by another, don't try to go it alone. People love to hate trial lawyers...until they need one.

Bruce A. Bierhans