Lowballing Techniques Used by Claims Adjusters

A knowledgeable accident lawyer in Orange Park will keep you informed about dishonest schemes an insurance adjuster may use to lower the value of your case.

Your Employment and Earning Status

Your accident lawyer in Orange Park will warn you that a claims representative may probe into your employment history, knowing that unemployed or low-income claimants need money and are more likely to accept a low settlement offer.

Your Appeal to the Jury

Some claims adjusters will make an effort to ascertain your social status. Most juries dislike privileged individuals and are averse to rewarding them with huge settlements. If you are wealthy or belong to the upper class, the adjuster will have an advantage.

Do You Suffer From a Terminal Illness?

Your accident lawyer in Orange Park will clarify that your claim for general damages for pain and suffering is only applicable to you. The claim will usually end when you succumb to your illness, and surviving family members or heirs will not be able to claim your damages. With this in mind, many claims representatives will try to determine whether you have an incurable or fatal illness. If you are unlikely to survive the drawn-out litigation process, the claims representative has little incentive to offer you a maximum amount.

Lies About Internal Policy

A claims representative may insist to you and your accident lawyer in Orange Park that the insurance company’s internal policy precludes certain damages. But a good accident lawyer in Orange Park will rightly counter that such a policy is a flagrant violation of good faith claims practices. Your accident lawyer in Orange Park should see through this deception and recognize that the damages ruled out by the claims representative are typically covered by insurance policy. Some examples of the supposedly excluded damages are:
  • Lost wages
Any insurance company acting in good faith will not neglect to cover your lost wages. Your accident attorney in Orange Park will explain to you that lost wages are proximate cause damages and that you must be compensated for income you lost when you missed work to figure out the estimate for the wrecked vehicle, and taking it to and from a body shop.
  • Transportation costs
Travel expenses, notably transportation costs incurred by visits to a doctor’s office, are an integral part of the claim, and therefore considered proximate cause damages.
  • Long distance phone bills
An accident attorney in Orange Park will remind you that if the claims office is not local, then any long distance calls made to the office are also proximate cause damages.
  • Court costs for minors represented by attorneys
If an insurance company earns a minor’s compromise that benefits them exclusively, the court cost incurred is considered proximate cause damages as well as a cost of business that the insurance industry should cover. Children represented by legal counsel do not have to pay such costs. If the minor did not retain an accident attorney in Orange Park, the insurance company is required to pay for both the children’s attorney’s fees and the court fee to obtain the minor’s compromise by superior court. It is well-known fact that the insurance company will discriminate against children who are already represented by attorneys.

Contact Us

To speak to an accident lawyer in Orange Park who knows how to deal with adjusters, please call the First Coast Accident Lawyers at 904-278-1000.

About 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. Professional Activities 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.
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