Claims Adjustor About Your Wrongful Death Claim

Speaking With The Insurance Claims Adjustor About Your Wrongful Death Claim
By pursuing a wrongful death claim you will likely be interviewed by a claims representative from your own insurance company, or the deceased person's carrier, or the at-fault person's insurance company, or by all three. You might think the adjustor is trying to help you, especially if it is the adjustor from your insurance company. Keep in mind that this may not be the case at all. Each insurance company adjustor owes their allegiance and concern to his or employer, not to you - the person who is making the claim. Be aware that the interests of the claimant (in this case, you) and the insurance company almost always oppose each other. The claimant wants the carrier to pay as much money as possible to resolve the claim while the insurance company wants to pay out as little as possible. Because these interests often conflict with each other, consider the following recommendations when talking to the claims representative:

Things to DO When Speaking With An Insurance Adjustor
- Prepare for the meeting by speaking with your attorney. Take the time to fully understand the process and make the most of your attorney's expertise and years of experience.
- Before you get started with the interview, write down the name, address and phone number of the insurance adjustor and insurance company.
- Provide your full name, address and telephone number to the adjustor.
- If possible, record the conversation. If you can't record it, take good notes.
- Ask the adjustor if he/she is aware of any witnesses to the accident.
- Tell the truth. It is imperative that you are truthful at all times during the interview. Lying or exaggerating can be harmful to the claim.
- Pause before answering the question. This will give you time to think about the question and the answer you are about to give. Remember: You are not being timed, so proceed slowly and thoughtfully as you answer each question.
- It is okay to answer "I don't know" or "I don't understand."
- Be cordial and treat the adjustor with respect, but be firm and assertive when necessary.
- Answer questions with "yes" or "no" that call for it. Not every answer requires follow-up. Try to avoid "rambling" when answering questions. Often, "yes" or "no" is all you need to say.
Things to AVOID When Speaking With An Insurance Adjustor
- Do not agree to have the conversation recorded by the insurance adjustor unless your attorney is present on the call.
- Insurance adjustors will try to engage you in an informal conversation in an effort to relax you and get as many details about the accident as possible. Be aware of this.
- Do not agree to anything. The call should be about collecting information, NOT about you agreeing to anything.
- DO NOT SIGN ANYTHING. No matter what the insurance adjustor faxes or mails to you, never sign anything. Instead, pass the documents along to your attorney for review.
- During an interview with the adjustor, you are not obligated to identify witnesses.
- Avoid talking in absolutes. In other words, do not give exact distances, times, etc. Always use qualifying words such as "approximately" when describing the details about the accident.
- When you report the accident, give general information. You should speak with your attorney before you give a formal recorded statement.
- Do not argue with or get angry at the adjustor. If you do, you make it much more difficult to obtain a fair settlement of your case.
- Do not guess at the meaning of any question. If you do not understand a question, ask that the question be repeated or clarified. "I don't know" is usually an adequate answer if you don't understand the meaning of the question
- Do not volunteer information. Make sure you fully answer the adjustors' question and then quit speaking. Although it is important to always tell the truth, it is also important not to give more information in your answer than necessary.
- Do not interrupt when the interviewer is asking the question, even if you think you already know the answer.
- Do not answer compound questions with a "yes" or "no" answer.
- Do not allow the adjustor to assume facts that are not true when asking his question. Always correct or clarify any untrue facts.
- Do not use phrases like "In all honesty" or "I would never lie."
- Do not use words like "always" or "never."
- Do not give long narrative answers. Short and concise answers are the best.
- Do not use words like "uh-huh" or "mm-hmm." These can be misinterpreted and change the meaning of your answer.

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