Skip to content
Bernstein & Maryanoff logo

Broward County

(954) 222-3333

Miami-Dade

(305) 222-3333

Call now for a free consultation

1 (800) 429-4529

  • Home
  • Practice AreasExpand
    • Car AccidentsExpand
      • Drunk Driving Accidents
      • Hit and Run Accidents
      • Self-Driving Cars
      • Dog Bite Lawyers
      • Medical Malpractice
      • Traumatic Brain Injures
      • Motorcycle Accidents
      • Slip and Fall
      • Workers Compensation
      • All Practice Areas
    • Trusted since 1983

      Consultation is free.
      No hourly fees, No upfront expenses.
      Only pay when we win.
  • Firm ProfileExpand
    • Firm Overview
    • Testimonials
    • Past Verdicts
    • Media
  • Attorney ProfilesExpand
    • Jack G. Bernstein, Esq.
    • Neil I. Maryanoff Esq.
    • Manny Arce, Esq.
    • Justin M. Cramer, Esq.
    • Jacob D. Maldonado Jr.
    • Brian D. Glatzer, Esq.
  • Blog
  • Contact
  • Hablamos Español
Bernstein & Maryanoff logo
Call us!

Consultations are FREE

Home / Car Accidents / How an Insurance Adjuster Works to Limit Your Settlement
Car Accidents | Insurance

How an Insurance Adjuster Works to Limit Your Settlement

March 19, 2020April 5, 2023

Insurance adjusters work to limit your settlement to increase their profits. Insurance companies make their profits when they take in premium payments but pay out far less in claims. Insurance adjusters are representatives of the insurance company. It’s their goal to resolve cases for as little as possible. But how do insurance adjusters limit your settlement? Our Miami car accident attorneys explain.

How an Insurance Adjuster Works to Limit Your Settlement

An insurance adjuster works to limit your settlement by using several tactics, including downplaying the value of the case or asking for unnecessary documents. They may rush to settle a car accident case too quickly. On the other hand, they may stall resolving a claim in hopes that the person making the claim will become discouraged.

An insurance adjuster works to limit your settlement by denying your claim or by trying to entice you to settle for the lowest amount possible.

Do Insurance Adjusters Lie?

Yes, insurance adjusters sometimes lie about a claim. They may want you to believe that you don’t qualify for certain types of damages. They may also allow you to believe your settlement is much lower than the average car accident settlement.

Lying may take the form of withholding information or failing to correct your misconceptions about how the claims process works. Even though they have a legal obligation to act in good faith, sometimes, insurance adjusters lie to try and limit payments and settlements.

Insurance Adjuster Inspects Vehicle

Ways an Insurance Adjuster Limits a Settlement

Here are some of the ways that an insurance adjuster may try and limit a settlement:

Denying responsibility – Even if the law is on your side, the insurance company may try to say that it isn’t. They might argue subtle nuances, emphasize an unimportant detail, or exaggerate the statement of a witness to claim that they have no obligation to pay the claim.

Offering a fast settlement – If the insurance adjuster tries to settle the claim quickly, they might be hoping you don’t know the actual value of your case. A fast settlement can be a sign that the insurance adjuster wants to limit your settlement.

Delaying settlement and denying payment – Just like a fast settlement offer can be the sign of a low settlement, repeated denials can be a sign, too. The adjuster may issue denials, fail to respond to phone calls, or ask for more and more information in hopes that you’re going to give up. If you seem to be asking for information without getting anywhere, a delayed settlement can be a sign of an adjuster trying to limit your settlement.

Sending a release of all claims in hopes you’ll get confused – There are two components to most insurance claims: property damage and physical injuries. An insurance adjuster may try to confuse you by sending the release for all claims when you think you’re only settling the property damage claim.

Saying that damages are speculative – Some damages happen far into the future — damages, like lost earning potential, aren’t always known for sure at the time of the accident. Insurance adjusters may try to use the speculative nature of future damages to limit your settlement.

Claiming pre-existing conditions that aren’t covered – Even if you have pre-existing conditions, if they get worse because of the accident, they are included in your insurance claim. To limit your settlement, the insurance adjuster may falsely claim that your pre-existing conditions aren’t covered.

Denying medical treatment as unnecessary – An insurance adjuster may try to limit your settlement by saying that your medical treatment isn’t necessary. Even though they aren’t the one with the injuries, they may try to unfairly limit your settlement by claiming that your physical therapy, follow-up appointments, mental health care, or chiropractic treatments aren’t necessary for your care.

Minimizing pain and suffering and other intangible losses – Some losses aren’t easy to total up by looking at medical bills. Pain and suffering damages can be subjective. The insurance adjuster may try to claim that your pain and suffering damages are much lower than they actually are under the law. They may try to give you an amount that doesn’t even begin to represent your losses fairly. Minimizing pain and suffering damages can be a way that the insurance adjuster limits your settlement.

Insurance Claim Adjuster Secret Tactics

Insurance claim adjuster tactics may be a violation of the law on the part of the insurance company. Remember, the insurance adjuster works for the insurance company. They don’t represent you, and they’re not your advocate. If there’s something that you’re misunderstanding, you can’t count on the adjuster to volunteer information. They may choose not to explain it to you in hopes that they can low ball your case.

Florida law 624.155 is Florida’s insurance good faith law.[1] The law says that the insurance company must work in good faith to settle each claim fairly and honestly. The law requires the insurance company to act with due regard for the interests of the person who is making the claim.

Unfortunately, too often, the insurance company either completely ignores the requirements of Florida statute 624.155, or they try to do the bare minimum to technically comply with the law. But if the insurance adjuster acts in bad faith trying to limit the settlement, you can bring a legal action for fair payment of the claim in addition to asking for additional penalties because of the bad faith actions of the insurance company.

Contact Our Miami Car Accident Lawyers Today If You Need Help Dealing With Insurance Adjusters

You don’t have to accept it when the insurance company tries to limit your settlement unfairly. The skilled car accident lawyers at Bernstein & Maryanoff can help you fight back. The insurance adjuster doesn’t have the final say when it comes to your payment.

If the insurance company doesn’t pay you fairly, you can take your claim to court. Our attorneys have been helping clients get the compensation that they deserve for more than three decades. Reach out today to see how we can help you. There is no fee unless you win.

Sources

[1] FLA. STAT. § 624.155 (2019)

About the Author

Jack G. Bernstein, ESQ.

Jack G. Bernstein, ESQ.

Jack Bernstein is a hard-working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you’ve been injured, contact Jack Bernstein today for a free evaluation of your case.

Post navigation

Previous Previous
What Is a Deposition in a Personal Injury Case?
NextContinue
Can More than One Doctor Be Liable in a Medical Malpractice Claim?

Results You Can Trust

Free Case Review

NO FEES UNLESS WE WIN

    15055 SW 122nd Ave
    Miami, Florida 33186

    •  VIEW MAP & DIRECTIONS
    •  CONTACT

    Call Us Anytime
    No Fees Unless We Win

    Toll Free
    1 (800) 429-4529

    Broward County
    (954) 222-3333

    Miami-Dade
    (305) 222-3333

    Car Accidents
    Truck Accidents
    Motorcycle Accidents
    Drunk Driving Accidents
    Bicycle Accidents
    Boating Accidents
    Taxi Cab Accidents
    Traumatic Brain Injuries
    Wrongful Death

    Slip and Fall Injuries
    Nursing Home Abuse
    Crime Victims
    Dog Bites
    Sexual Assault
    Swimming Pool Accidents
    Medical Malpractice
    Negligent Security
    Workers’ Comp

    Legal Disclaimer

    This webpage is not intended to be an advertisement or solicitation. Hiring a lawyer is an important decision that should not be based solely on advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services.

    Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Bernstein & Marynoff and the user of this site. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.

    • Contact Us
    • Firm Overview
    • Past Veredicts
    • Disclaimer
    • Privacy Policy
    • Terms & Conditions

    © 2023 Bernstein & Maryanoff

    • Home
    • Practice Areas
      • Car Accidents
        • Drunk Driving Accidents
        • Hit and Run Accidents
        • Self-Driving Cars
        • Dog Bite Lawyers
        • Medical Malpractice
        • Traumatic Brain Injures
        • Motorcycle Accidents
        • Slip and Fall
        • Workers Compensation
        • All Practice Areas
      • Trusted since 1983

        Consultation is free.
        No hourly fees, No upfront expenses.
        Only pay when we win.
    • Firm Profile
      • Firm Overview
      • Testimonials
      • Past Verdicts
      • Media
    • Attorney Profiles
      • Jack G. Bernstein, Esq.
      • Neil I. Maryanoff Esq.
      • Manny Arce, Esq.
      • Justin M. Cramer, Esq.
      • Jacob D. Maldonado Jr.
      • Brian D. Glatzer, Esq.
    • Blog
    • Contact
    • Hablamos Español