Dealing with Insurance Adjuster After Oklahoma Car Accident

One of the most unanticipated aspects of being a driver involved in a car accident in Oklahoma is dealing with an insurance adjuster after the incident. Insurance adjusters want to hear from you directly what you saw, heard, and did before the accident and in the seconds when it happened.

There are two things about this encounter that you may not realize. First, your conversation with the insurance adjuster is important to whether the insurance company pays your claim. And second, the insurance adjuster, no matter how nice they are, is not always on your side.

What Are Insurance Claim Adjusters?

Insurance claim adjusters are frontline representatives for insurance companies following a motor vehicle accident. They manage the crash investigation, evaluate damages to your car, sometimes assess the damage to other vehicles, and negotiate insurance claims.

Adjusters ensure that vehicle owners with legitimate claims receive fair compensation while protecting insurance companies from fraudulent claims. They try to compensate car owners but also keep future insurance rates low for all.

The situation is more complex than that. Corporate insurance leaders strongly encouraged their adjusters to look for ways to deny claims or reduce settlement offers as much as possible. To achieve this objective, they scrutinize police reports, analyze medical records, read witness statements, and assess property damage. They look for inconsistencies in the injured party’s account of the accident, evidence of pre-existing conditions, or signs that the injured person might be partly at fault.

No Recorded Statements

Insurance adjusters often request a recorded statement soon after an accident occurs, insisting that it is a routine part of the process and that it will expedite your claim. Usually, this recording happens during a phone conversation with your adjuster. In many states, but not all, adjusters must inform you ahead of time if they record the conversation. Regardless, don’t agree to do it. In fact, under Oklahoma law, you are not obligated to give a written or recorded statement.

Don’t admit fault during your interview. Although that sounds like a simple request to follow, it might be more difficult to accomplish than you’d think. Insurance companies can spin even polite or innocent-sounding statements like, “I’m sorry,” “I’m okay,” or “I wish I had acted more quickly,” to be admissions of fault by you.

If an adjuster presses you for a statement, politely but firmly inform the adjuster that you’ll submit a written account of the accident after consulting your attorney. If you must answer questions, stick to the basic facts of what happened without saying more than you need to — be as brief and straightforward as possible. When you’re unsure about some details, say, “I don’t remember,” or “I’m not sure.” Don’t guess or speculate.

Don’t Sign Medical Authorization Forms

Insurance adjusters might also approach you to sign a medical authorization form, saying it’s part of the claims process and might help you get a quick settlement. With this unlimited access to your medical records, adjusters will look for any information that could reduce your settlement offer, discredit you, or shift blame for your current injuries to a prior incident. Examples include finding information on pre-existing conditions, previous injuries, mental health records, or previous medical bills to establish “normal” treatment costs.

The Health Insurance Portability and Accountability Act (HIPAA) protects your sensitive medical records from being disclosed without your consent. So, instead of signing an insurance company’s forms, work with your attorney to provide only the medical records directly related to your accident injuries.

This protocol will protect your privacy while providing the documentation necessary to support your claim.

Say No to Settlement Offers

Among the skills that good insurance adjusters possess is that they are trained negotiators. They know that once the accident happens, you’ll face immediate financial pressure from medical bills, lost wages, and vehicle repair costs — and they capitalize on it.

They will often present you with a speedy settlement offer and even suggest that it is the best or only offer you will receive, hoping that you give in to their pressure tactics and accept their offer. While these settlement pitches seem generous initially, they almost always fall far short of fair compensation. Plus, it’s not the best they can do.

Also, these initial settlement offers rarely account for ongoing medical treatment, future rehabilitation needs, long-term disability, pain, suffering, emotional distress, or the full impact of your injuries on your earning capacity.

Once you accept a settlement and sign a settlement agreement and release, you waive your right to seek additional compensation for the same accident, even if your condition worsens or you discover additional accident-related expenses. You can make an informed decision about settlement offers only after knowing the full scope of your losses.

Oklahoma’s statute of limitations for car accident claims allows an injured person two years from the date of the accident to file a lawsuit against the at-fault party. That allows you time to understand your prognosis and consult medical professionals about potential future complications before you consider any settlement offer.

Talk to an Attorney

You must have an attorney if you find yourself battling to get an insurance company to pay a claim. Insurance adjusters often discourage accident victims from hiring an attorney because they know legal representation will typically increase your settlement amount. Adjusters will tell you things like:

• “This is the best offer you will get, and hiring an attorney will not change that.”
• “An attorney will only drag out this further and cost you money.”

Don’t believe them. An experienced attorney can accurately assess the full value of your claim, will recognize common insurance company strategies, and knows how to build a compelling case so you can receive fair compensation.

When should you talk to an attorney after an accident? Immediately — preferably before you speak to an insurance adjuster. Although consulting an attorney at any stage of the process is valuable, you’ll be better off engaging an attorney right away.

Contact a Seasoned Oklahoma Car Accident Lawyer Today

You don’t have to face aggressive insurance claim adjusters alone. If you were injured in a car accident, our dedicated team of attorneys can talk to the adjusters on your behalf. We understand the complex tactics insurance companies use, and our experienced attorneys will fight to protect your interests throughout the claims process. Call Abel Law Firm at (405) 239-7046 or contact us online and let us lead you through this process.