October 17, 2006An Unfair Adjuster
I am having trouble with an insurance adjuster. My car was declared a total loss. Settlement amount offered is too low. Adjuster is unwilling to negotiate. Any suggestions on what I can say to get a higher offer?
Meryl Responds
Here are considerations to help determine how much you can leverage in a negotiation:
~ How much are you willing to risk? Is the car worth spending money on legal fees?
~ On what do you base your assessment of what is fair?
~ Where can you get support for your position? Is your agent an ally for you?
~ What do you have that they want that you can leverage? Future business is one option, and there may be others.
~ Can you change the deal such as asking to keep the car? Might you be able to repair it for less than they allot?
~ Can you ask for another adjuster?
I know some adjusters are rewarded for how little they can get you to accept, so their home office has much more leverage over them than those making claims. If your agent wants to keep your business, he or she might respond to an appeal such as,
- (Name,) I’ve been paying premiums for x years, and now when I need to make a claim, I am feeling unfairly treated. I need you to help me out here. They are offering me $X and based on (source) I believe $Y is the minimum amount that is fair. Even so I would be willing to accept $Z and keep you as my agent if you can help me get a fair settlement.
If your car is worth enough to merit legal fees, you can tell the adjuster,
You are offering me $X and based on (source) I believe $Y is the minimum amount that is fair. Even so I would be willing to accept $Z without pursuing legal action.
This statement would have more teeth if you had a lawyer make it. Either way, it’s not something you want to say unless you are willing to take the issue to court.
I do need to tell you that when I got an offer from my adjuster, it seemed low, but after I did more research I discovered it was fair.
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My husband and I experienced a similar problem recently. After some research online we found that the state of Oklahoma has an organization called the Oklahoma Insurance Department. Your state may have someting similar. It is setup to help with mediation between citizens and insurance companies. It is also the avenue to file a complaint against an insurance company. If insurance companies get a certain number of complaints in a certain time period they are penalized. They are aware of this and would like to avoid it. You may be able to say, “I am prepared to file a grievance with the Oklahoma Insurance Department if I am not treated in a fair and reasonable manner.” Or something to that affect. We also asked to speak with the adjuster’s supervisor, stated our case, and received a much better offer from her. Hopefully this helps.
Comment by Jennifer Tromble — October 18, 2006 @ 12:06 pm
Document what your car is worth via blue book, pictures, your maintenance records. Go to 3 used car lots and ask them to value your car … ask them to write the year, model, and value on the back of their business cards. then ask to talk to that person’s manager. Keep going higher.
My husband totaled my car and the adjuster wanted to gig us on the fact that the car was dirty (mountain road at night, herd of deer bounded out, and he picked the terra side not the freefall side) so we objected to that. We also did what I am advising you to do. We kept our cool, kept asking questions, didn’t sign anything, and went higher when there was an impasse. What had bothered them was the fact that I had bought my car below book value and they wanted to save that money too!
sorry to be such a story teller, but I have a bit more to say! My insurance agency told me that the contract specified that they could provide me with a replacement (same make, model of a car) and that I would have to take it. It actually said they offered this as a service and I could accept one of those cars (if I was satisfied). I didn’t read the small print, I did what you are doing–sharing my pain and asking for help–and I learned what the real spin was. THEN, I took them up on it … there were only 3 cars in my city they could find (carfinders.com) and they were all priced more than I was ASKING for my car! One more level higher, and they settled. This manager was so flustered that he offered more than what I had wanted (I accepted!).
I still miss that car, husband not so much.
As always take the opportunity to get educated. It’s very empowering. It’s YOUR money and it is YOUR responsiblity to guard it for your family and all the good you do with it. Please do not encourage greedies/meanies by giving in–the person you protect may be your mother.
Comment by Susan — October 18, 2006 @ 9:38 pm