The typical Insurance Adjuster is not without outside pressures he must deal with every day. It would be advantageous for all the readers of
MR. TRUCK to be aware of the most important of these because if understood they’ll put money in your bank.
The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of a Henry Hard-Nose in that particular state. Each has a Consumer Complaint Division. If the adjuster you’ve been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe is a ridiculously low offer, you have cause for a complaint.
The mere mention of a complaint to the State Department of Insurance by a truck driver and/or owner may bring him around to making a better offer. Adjusters would rather not have to deal with a complaint and they positively don’t want copies of them ending up in their personnel file.
Your complaint to the State Insurance Department will accomplish several things: First, his boss will now become aware that there’s a trucker out there who intends to do whatever it takes to obtain some settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you do write to the Consumer Complaints Division, it will evolve into what’s always a costly effort because a complaint with the State Insurance Department will add an additional layer of work, supervised by an extra contingent of personnel. When it’s realized this will likely come to pass both the adjuster and his immediate superior will try harder to settle your loss.
The vast majority of adjusters dream of one day being promoted to a higher position within the company he work’s for. In his heart he's totally aware of the fact if his personnel file has correspondence flowing into it from claimants he’s handled (plus copies of the letters which have been sent to the insurance commissioner) those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn’t want a “Problem” employee like that adjuster spluttering, splashing and crashing about his office area causing a ton of headaches and extra work within the framework of that particular executive’s command. Every adjuster is fully aware that such complaints will keep him , out on the road forever ,and will absolutely prevent him from moving up the corporate ladder.
OTHER CRUCIAL ISSUES THAT EVERY ADJUSTER IS AWARE OF
When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, it’s vastly different from the stipulations found in the “Formal Law”. That is, Legal Theory, as it’s written and allegedly supposed to work. What that means is simply this: An adjuster can settle a case whether his decision to do so is based on “The Law” or not.
In the real world of Personal Injury settlements “Compromise” (which more often than not little or nothing to do with the law) is the order of the day. It’s commonly accepted among those in the business (because that’s what makes their work life so much easier) that in any given case there’s almost a likelihood of negligence on both drivers, rather than just one. What this boils down to in practical terms, is this: Irregardless of the law practically no claim is without merit or totally lacking in value of some sort, especially if the “Value” is simply to “get rid of it”. I know this to be true because, “I’ve been there and done that”, even though (and all adjusters are totally aware of this) - - that concept has nothing to do with the law .
While it’s never "officially" expressed to him an adjuster quickly learns, should your case go to trail, compromise will usually be the order of the day, even in cases of questionable liability. This fact alone gives him plenty of room to make a settlement - - before your case ends up in his Defense Attorney’s hands - - where a compromise will (somewhere along the line) usually take place anyway !
Why will this come to pass? Because the costs of preparing for (and then proceeding into) a courtroom battle will skyrocket.
Being aware of all of this is always bubbling and boiling in that gray matter between every adjusters ears. If there’s any question whatsoever, regarding who was at fault in the motor vehicle accident you were involved in, don’t ever give up. Keep pounding away! When faced with a determined truck driver and/or owner who’s willing to wait and haggle and wont go away, the chances are the adjuster will eventually make an offer.
This comes to pass because no adjuster (especially if your claim has some value) doesn’t want it to end up as a complaint at the State Department Of Insurance. Plus he knows you’ll be made, a settlement offer, somewhere down the line, anyway. So, better he settle it now, before the cost of defending it gets blown out of proportion, later.
In order to continue to look good (especially to those who watch his progress and the way handles the outside pressure’s that haunt them) every insurance adjuster who want to stay out of trouble plus continue to climb the ladder to success, understand that they must be cagey individual's. For you to be aware of this (if properly understood and handled) is most assuredly to every truckers advantage.
DISCLAIMER: This only purpose of this truck accident claim tip insurance claim article ~Outside Pressures ~ On Adjuster Henry Hard-Nose, is to help truck drivers and/or owners to understand the motor vehicle claim process. Neither Dan Baldyga, Scott Elgin nor TRUCKINFO.NET make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga’s fourth and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://autoaccidentclaims.com or http://caraccidentclaims.com. This book reveals "How To" successfully handle your truck accident claim, so you won't be taken advantage of. It also goes into detail, regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" endured - - because of your personal injury!
Copyright (c) 2003 By Daniel G. Baldyga. All Rights Reserved
