I know what questions insurance adjusters hate to be asked. I know this because I used to work on behalf of insurance companies defending personal injury lawsuits. Here are the top five questions insurance adjusters don’t want you to ask:
1. What are the available policy limits?
Where I practice in Kentucky, the insurance company does not even have to disclose the policy limits of the at-fault driver before a lawsuit is filed. However, if you ask this question, the adjuster will think you’re more knowledgeable than most other injury victims about what your claim is potentially worth. There’s a chance the adjuster may disclose the policy limits amount to you, as it is required in some states before filing a lawsuit. Even in states like Kentucky where they’re not required to, they might still do it.
The authority given to an adjuster is the maximum amount of money the adjuster can offer to settle a claim. This amount is typically established by the claims supervisor. Adjusters hate this question for many reasons. One big reason is that they may be forced to speak to their supervisor more about your case if you continue to make demand offers over and above the amount of the adjuster’s authority.
3. How much have you paid for similar injuries to mine in the past?
Insurance adjusters have access to a vast database showing how much their company has paid for similar injuries in the past. The adjuster likely won’t provide this amount to you, and if they do tell you a number, it may not be accurate. However, asking this question can prompt you to do some independent research. You can research verdicts in your local jurisdiction to find out what juries have awarded for similar injury cases in the past and use that information to argue for a higher settlement.
4. How many times has your insurance company lost at trial?
A loss at trial for an insurance company in an injury case means that the jury awarded the injury victim an amount greater than the last settlement offer made by the insurance company before the trial. Every insurance company that’s been in business for a while has likely lost many times at trial. Asking this question shows that you might be willing to take your case to trial if you believe a fair amount is not being offered, which can potentially get you a higher offer.
5. What is the reserve on my injury claim?
The reserve is the amount of money set aside to pay your claim; this is the amount the insurance company has valued your claim at. This is different from asking what the adjuster’s authority is. The adjuster could have less authority than what the insurance company has reserved for the case. While it’s unlikely the adjuster will tell you the reserve amount, asking this question shows you are knowledgeable about how insurance companies assess claims and could set the groundwork for the adjuster to transfer the claim to someone with more authority.
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