A great majority of the insurance adjusters we encounter while negotiating settlements are honest people who are just doing their jobs. However, occasionally we encounter a less than scrupulous insurance adjuster who will resort to using underhanded tactics to stall and try to cheat the claimant out of the money he deserves. Here are some of the tactics.
A claims adjuster will sometimes try to convince the claimant to participate unnecessary arbitration. More often than not, the claimant is the one left footing the bill for the arbitrator.
Waiting for the Insured’s Contribution
In most cases, the insured is not required to contribute to your settlement. However, the claims representative may try to insinuate that negotiations cannot proceed until the insured has paid the insurance company some money, money that will never come.
Fabricating a Denial
An insurance adjuster might also attempt to tell the claimant that the claim does not exist or otherwise deny knowledge of the claim. Attempts to press the matter on the part of the claimant might be met with threats and other intimidation, which the adjuster can probably get away with as long as nothing is put into writing. Regardless of whether or not legitimate, such threats are blatant violations of industry standards, and the adjuster should be reported to his superiors immediately.
Why Do Adjusters Stall?
These here are several reasons why an insurance adjuster might stall. Often, the adjuster stalls in an effort to find more information and to strengthen his weak case with extra research. However, the claims adjuster might be attempting to run out the statute of limitations of the claim. Claims adjusters will neglect to inform claimants without attorneys of the actions that must be taken to prevent the statute of limitations from running out. This is very illegal: the insurance company is required by law to advise the claimant of the relevant statute of limitations.
An experienced personal injury attorney can shield claimants from these unscrupulous adjusters. Call today for a free initial consultation with experienced First Coast personal injury attorney John Fagan.
John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981.
John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder.
In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home.
John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation.
John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates.
Service to the Community
John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
The information provided on this web site is provided for general informational purposes only and should not be interpreted as legal advice. Every case is different and requires individual attention before such advice can be given. Neither the transmission nor receipt of general advice to or from our website will constitute an attorney-client relationship.