The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of all Insurance Claims Adjusters and their superiors in that particular state. Each has a Consumer Complaint Division. If the adjuster you’ve been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe to be a ridiculously low offer, you have cause for a complaint.
The mere mention of a complaint to the State Department of Insurance may bring the adjuster around to making a better offer. Adjusters would rather not have to deal with a complaint and they positively don’t want copies of them ending up in their personnel file !
Your complaint to the State Insurance Department will accomplish several things. First, his boss will now become aware that there’s a claimant who intends to do whatever it takes to obtain some positive settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you write to the Consumer Complaints Division, it will evolve into what’s always a costly effort because a complaint with the State Insurance Department will add an additionallayer of work, supervised by an extra contingent of personnel. When it’s realized this will likely come to pass they’ll try harder to get rid of you and settle your claim.
The vast majority of insurance adjusters dream of one day being promoted to a higher position within the company they work for. They’re acutely aware of the fact if their personnel file has correspondence flowing into it from claimants they’ve handled(plus copies of the letters which have been sent to the insurance commissioner) and those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn’t want a “Problem” claims employee spluttering, splashing and crashing about his office area causing headaches and extra work within the framework of that particular executive’s command. The adjuster is fully aware that such complaints will keep him, out on the road forever,and will surely prevent him from moving up the corporate ladder.
OTHER CRUCIAL ISSUES THAT THE ADJUSTER IS AWARE OF
When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, is often vastly different from the stipulations found in the “Formal law”. That is, legal theory, as it’s written and allegedly supposed to work. What this means, simply stated, is: Adjusters can settle a case, whether their decision to do so is based on “The Law”, or not.
In the real world of Personal Injury settlements a “Compromise” (one which often has little and often nothing to do with “The Law”) is the order of the day. It’s commonly accepted among those is the business (because that’s what makes their work life so much easier) that in any given case there’s almost always a likelihood of negligence on both sides, rather than just one. What this boils down to in practical terms, is this: Irregardless of the law practically no claim is without merit or totally lacking in value – – especially if the “Value” is simply to “get rid of it”. QUESTION: “How does Dan Baldyga know this to be true?” ANSWER: “Because he was an Insurance Adjuster, Supervisor, Manager and then Trial Assistant for over 30 years. He’s been there, and observed that.”
Although it’s never expressed to him “officially” every adjuster quickly learns, should your case go to trail, compromise will usually be the order of the day, even in cases of questionable liability . This fact alone gives him plenty of room to make a compromise settlement before your case ends up in his Defense Attorney’s hands where such a move will usually take place anyways! Why will this come to pass? Because the costs of preparing for(and then proceeding into)a courtroom battle will skyrocket.
Being aware of this is always bubbling and boiling in the gray matter between every adjusters ears. If there’s any question whatsoever (regarding who was at fault in the accident you were involved in) don’t ever give up. Keep pounding away! When faced with a determined claimant who’s willing to wait and haggle and refuses to go away, the chances are the adjuster will eventually make an offer.
This comes to pass because the adjuster(especially if your claim has some value) doesn’t want it to end up as a complaint at the State Department Of Insurance. Plus he knows you’ll be made, a settlement offer, somewhere down the line, anyway! So, better he settle it now, before the cost of defending it gets blown out of proportion, later.
In order to continue to look good (especially to those who watch their progress and the way they handle the outside pressure’s that haunt every one of them)insurance adjusters – – who want to climb their corporate ladder to success – – must be very cagey individuals who must work hard to please those they work for. For you to understand this will most assuredly be to your financial advantage.