Most adjusters function like Henry Hard-Nose
of Rock Solid Insurance Corporation. They’re thick skinned
and difficult to deal with. Below is a typical verbal exchange
a month or so after you and the difficult insurance adjuster
had last met in an attempt to settle. At that time he had
taken the position that the injury to your shoulder was not
as serious as your attending physicians Medical Report stated
it was. (Question: Do they fight what your attending physician
wrote in their report? Answer: Yes, absolutely! Take it from
Dan, who was on that firing line for over 30 years).
The following is a typical verbal settlement
exchange after your last meeting had ended “up in the
air” - - slowing floating around out there in outer
space.
You first - - and here’s the counter
argument you should make: “Look, with all due respect,
you are not a doctor. You’re no medical expert who has
the know-how to second-guess my doctor. When we last met you
said my shoulder was ‘only a bruise’ as opposed
to a dislocation. I have again talked to my doctor and he
remains firm about the accuracy of his original diagnosis.
He states that I absolutely suffered a dislocation of my shoulder.
But, even apart from his analysis, I’m the best judge
of my own injury - - that is, how painful my life has been,
and the suffering I’ve had to endure“.
At that point Hard-Nose will always attempt
his usual tactic of interrupting your logic but stiffen up,
wave him off and say, “Look, let me finish. You owe
me that because it was your insured who flew through a Stop
Sign and bashed into me. You and I both know he’s one
hundred percent at fault and if this talk about settling for
my “pain and discomfort” gets any more one-sided
I’m gonna be left with no choice but to hire myself
a lawyer.”
Hard-Nose will stiffen up! Now, you proceed,
“How is it sir, that its been over three months since
this accident and there are times when I still suffer excruciating
pains? How is it that I can’t lift things like I used
to? The truth is it hurts, it bothers me and it has disabled
me. I’ve been enduring it but it’s been awful
and it has disrupted my life terribly. My shoulder is not
a ‘mere bruise’ to me sir. Neither does my doctor
say it is. He states that my shoulder was definitely dislocated
and it will take several more months to clear up”!
All of the above is an example of your central
approach to the predictably belligerent, difficult-to-deal-with
adjuster. You should be firm and aggressive but not hostile.
Yours should be a thoughtful presentation that relies on the
power and persuasiveness of a sound demand adequately documented
and properly communicated.
The three crucial questions you must ask Hard-Nose
are:(#1) How much will you pay me for the damage to my motor
vehicle and all other provable property damage? (#2) How much
will you pay me as a fair settlement for my provable lost
wages and medical expenses? (#3) How much will you pay me
for my disability and my “Pain and Suffering”?
In most instances Hard-Nose will head for
the hills - - unwilling to give you a straight answer. He’ll
sidestep and do a slow waltz by asking you a loaded question
like, “Okay, what do you think your claim is worth?”
Such a question is predictable because Hard-Nose
prefers that you’re the one who makes the settlement
demand first. Why? Because you may ask for less than what
he was preparing to offer! And also because, if you make an
excessive demand, he won’t have committed himself to
an offer which will have left no room for further negotiations.
In other words, Hard-Nose is in his best position to exercise
“command and control” over the manipulation (and
setting) of the dollar amount to be paid when it’s you
that makes the settlement demand first, rather than he making
the settlement offer. Don’t provide him with this advantage!
To win this crucial “game” he
must suspect you’re close to obtaining a lawyer to handle
your case so you should insist on the offer (one that’s
realistic and made in good faith) to come from him before
you make your demand. Why? Because at that point it’s
all about who gets to control the value of your claim - -
you or Hard-Nose?
It’s not sufficient for Hard-Nose to
merely come up with a phony offer. You must insist upon, and
hold out, until he makes the first offer and that it’s
a realistic one. Then, and only then, is when you should respond
with your own first counter-demand. Up until that point never
let him know what you’d be willing to settle for. If
you do you’ll lose control and that could cost you big
bucks!
To learn more about how to handle and evaluate
your motor vehicle accident claim, read Dan Baldyga’s
latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss). It can be found on
the internet at http://www.automobileaccidentclaims.com or your
favorite bookstore.
Copyright (c) 2003 by Daniel G. Baldyga. All
Rights Reserved
DISCLAIMER: This claim tip ~ DEALING WITH
HENRY HARD-NOSE ~ THE TYPICAL INSURANCE ADJUSTER is intended
for background information. It’s purpose is to help
people understand the motor vehicle accident claim process.
Dan Baldyga makes any guarantee of any kind whatsoever NOR
purports to engage in rendering any professional legal service,
substitute for a lawyer, an insurance adjuster, or claims
consultant, or the like. Where such professional help is desired
IT IS THE INDIVIDUALS RESPONSIBILITY TO OBTAIN IT.
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