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Guard Against Unfair Claim Settlement Tactics

Adjusters do not receive training in matters of law, or in topics that pertain to the medical field. Yet some of them do not hesitate to make arguments with a dubious basis. Some adults view the adjuster’s pretend facts as truth, and then fall prey to those devious settlement tactics.

One possible tactic: Claiming that claim was submitted too late.

In fact, there is no deadline for filing a 3rd party claim. So, there is no truth to the argument that your claim’s submission had failed to take place before an implied deadline. In other words, your submission was not too late.

Adjusters realize that at least some consumers have heard mention of the statute of limitations. Those come with details on a deadline, but the same details only apply to the filing of a lawsuit.

Even if your own insurance company has asked that a claim be submitted within a certain period of time, that fact could not become the basis for refusing a claim’s submission. The company would have to support its refusal with proof that the delay had prejudiced the company’s case, as per Personal Injury Lawyer in Waterloo.

A second possible tactic: Questioning how you have paid for your medical bills.

Sometimes adjusters make that argument when a claimant has used health insurance to have the accident-related medical bills covered. Legally, an insurance company has no grounds for refusing to accept a claim, because a claimant’s medical bills were paid through a health insurance provider.

If you were to get pressured to believe and accept this false claim, then you would have to threaten to take action. You could report the unfair tactic to your state’s insurance department.

One final tactic: Alluding to fact that your sick leave or vacation time covered your lost time at work.

This is not a reasonable argument to make when refusing to accept a claim. Every claimant has the right to seek whatever money he or she deserves to receive, as compensation for damages. Of course, that does not mean that an adjuster would never try to pressure a potential claimant into believing such an argument.

Yet here, again, the victim of an accident would have the right to share his or her awareness of the fact that every state has its own insurance department. Anytime that an adjuster tries to introduce an unfair settlement tactic during, or even prior to negotiations, the claimant/negotiator has the right to report the adjuster’s action to the designated department in the offices at the state’s capital. That could slow negotiations, but it would help to guarantee the granting of a fair settlement. That is what the legal system desires for all claimants.