What to Expect From the Insurance Adjuster After a Car Crash
Most people deal with an insurance adjuster long before a lawsuit is even a question. 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. Usually there is no duty to give one to the other driver's insurer, though a person's own policy may https://finnxtjx264.westhavenscope.com/posts/how-long-an-auto-accident-claim-takes-stage-by-stage require cooperation with that insurer. Statements made while in pain or on medication can be used later to dispute the claim. Adjusters may also send broad medical authorizations that reach records unrelated to the crash. A car crash lawyer 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 it 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.
When the car is repaired or totaled
A property damage claim usually moves faster than an injury claim. When a car is repairable, the insurer prepares an estimate, and the repair shop may find hidden damage once work begins. Rules on aftermarket parts depend on the policy and state law. When repairs would exceed 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 cars can support a higher number, and gap insurance, if purchased, may cover a remaining loan balance.
Rental cars and loss of use
The at-fault driver's insurer may owe the reasonable cost of a rental car, or payment for loss of use, while repairs are underway. How long that period should last is a common dispute, especially when parts are back-ordered or the inspection is delayed. Rental coverage under a person's own policy usually has a daily cap and a limit on the number of days. Keeping receipts and notes of each call with the adjuster helps support the claim.
What diminished value means
Even after a good repair, a car with a crash history often sells for less. That loss is known as diminished value. Whether it can be recovered depends on the state and the type of claim. Third-party claims against the at-fault driver's insurer are more often allowed than claims under a person's own policy, which may exclude it. An independent appraisal and the vehicle history report help document the loss. A motor vehicle accident attorney can explain whether the state where the crash happened allows the claim.
Complaints and general information
Each state has an insurance department that takes 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 a particular result.