What Should You Know
Before Talking to a Claims Adjuster?
Updated: June 10, 2020
If you’ve been in a car accident in Oakland or anywhere in the Bay Area, you’ll likely receive a call from a claims adjuster soon after filing your insurance claim. While they may sound friendly and helpful, claims adjusters are not on your side. Their goal is to save the insurance company money by minimizing your compensation.
Before you speak to a claims adjuster, here’s what you need to know to protect your rights and ensure you get the full settlement you deserve.
1. Claims Adjusters Are Not Your Friends
After a car accident in California, insurance companies will assign a claims adjuster to handle your case. Their job is to investigate your claim and offer a settlement—usually far less than you deserve.
✅ Key Takeaway: The adjuster works for the insurance company, not you. Be cautious about what you say and never assume they’re looking out for your best interests.
2. Claims Adjusters Are Trained Negotiators
Insurance adjusters are skilled in negotiating settlements—and their tactics are designed to pressure you into accepting a lower payout. Some common strategies include:
- Saying "nothing is negotiable" to make you feel trapped.
- Offering a lowball settlement that is far below the actual value of your claim.
- Insisting their offer is already generous and you should accept quickly.
- Claiming their “last offer” is the maximum amount they can pay.
- Blaming corporate policies or requiring supervisor approval to avoid negotiation.
✅ Key Takeaway: Never accept the first offer. An experienced Oakland car accident attorney can negotiate a higher settlement for you.
3. The First Offer Is Rarely the Best Offer
Insurance companies count on accident victims being in distress—physically, emotionally, and financially. To take advantage of your situation, they often make quick, low settlement offers before you even understand the full extent of your damages.
✅ Key Takeaway: Do not rush into a settlement. Your injuries may take weeks or months to fully develop, and once you accept an offer, you cannot ask for more compensation later.
4. Claims Adjusters May Try to Get You to Admit Fault
When speaking with a claims adjuster, be aware that anything you say can be used against you. They may ask leading questions or act sympathetic to get you to admit fault, downplay your injuries, or contradict your own claim.
🚨 DO NOT:
❌ Provide a recorded statement.
❌ Apologize or say “I’m fine” (this can be used to argue you’re not injured).
❌ Answer trick questions like “Could you have avoided the accident?”
✅ Key Takeaway: Simply say, "I prefer to speak with my attorney first."
5. They May Try to Only Pay for Property Damage
Insurance companies prefer to settle quickly for car repairs but avoid paying for medical expenses or pain and suffering. They may push you to accept a check for your car repairs while ignoring your injuries.
🚗 Example: You agree to a property damage settlement but later develop whiplash or chronic pain. Since you already accepted their offer, you may be unable to claim additional compensation for medical bills or lost wages.
✅ Key Takeaway: Never settle until you understand the full extent of your injuries. Always consult a Bay Area personal injury lawyer first.
6. You Can Choose Your Own Repair Shop
Insurance companies often push you toward their “preferred” body shops. These repair shops may work in the insurer’s favor by keeping repair costs artificially low, potentially leading to subpar repairs.
✅ Key Takeaway: You have the right to choose your own mechanic. Get quotes from trusted local auto repair shops to ensure your vehicle is restored properly.
Why You Should Speak to an Attorney First
Instead of handling your claim alone, work with an experienced auto accident attorney. At Mercado & Sacramento, PC, we know how to:
✔️ Negotiate with insurance companies to maximize your settlement.
✔️ Protect your rights and prevent claims adjusters from taking advantage of you.
✔️ Fight for full compensation for medical bills, lost wages, and pain and suffering.
🚨 If you’ve been in a car accident in Oakland or the Bay Area, don’t face the insurance company alone. Contact Mercado & Sacramento, PC for a free consultation.
📞 Call us today at (510) 340-4LAW or visit mercsaclaw.com/contact to leave us a contact form.
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