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Categorical Denial: An Overview of Claims Adjustment Strategy

Virginia Car Accident Attorneys Breit, Drescher and Imprevento have been representing the injured citizens of Norfolk and Virginia Beach for decades. As part of their practice, they help car crash victims get past the insurance adjuster tricks that help the insurance companies pay out less than they are supposed to, which is much less than you should be receiving.

As we’ve mentioned before, an adjuster for an auto insurance company has one goal: To pay you as little as possible, or to pay you nothing at all. Adjusters are constantly on the lookout for a way out. Any reason somewhere in the small print, any contractual limitation, any leeway that they can find somewhere in the policy can and will be used to lower, limit or cancel the payment that you are supposed to receive for your injuries and damages.

If they can’t find anything in the policy, then they bluff. They bluster. They state half-truths as if they were irrefutable fact. And they count on what you don’t know about the law, contracts and insurance to get you to accept an offer that is significantly lower than what you should get.

During our years of experience helping injured Virginians, we have found that many adjusters use the same excuses and reasons for denying or minimizing your claim. We have placed them into broad categories in the hopes that you will recognize them when they are used on you.

The “I’m a Medical Expert” Category

This is where the adjuster starts playing doctor and brings up issues involving your medical history and your medical treatment.

“There is no way that accident could have caused that injury.”

“According to your records you had a condition prior to the injury.”

“Your doctor isn’t credible because he gets paid by lawyers.”

“You waited too long to see a doctor.”

“We have surveillance footage of you acting in a way that an injury victim shouldn’t.”

The “We Think You’re a Crook” Category

This category can be particularly intimidating, because adjusters are very good at making it seem like they can just slap the cuffs on you right there. They can’t. These lines are mostly bluster and more often than not they have absolutely nothing to do with the accident. Don’t be intimidated.

“You aren’t even a U.S. Citizen.”

“You have a history of filing claims.”

“We noticed that you haven’t filed a tax return in the past.”

“You were absent from work a lot.”

“Nobody else got hurt in the accident.”

“You aren’t visibly hurt.”

The “It’s Your Fault” Category

This is where the adjuster tells you that they will be reducing your claim even though you were the one that got hit. They will claim that the accident wouldn’t have been as bad as it was if only YOU had done something differently. These statements are inaccurate and should be ignored.

“You didn’t have your seatbelt on.”

“Our driver wouldn’t have hit you if you had been paying attention.”

“You were (drinking/using drugs/on medication) when the accident occurred.”

“You walked in front of the car.”

The “I’m a Legal Expert Category”

This is where the adjuster tells you that he has gone to trial with a case just like yours thousands of times, and every time his side won. So really, you’d just be better off taking a pennies on the dollar settlement, right? Don’t believe it. By dangling a check in front of you, they make it seem as if they are doing you a favor rather than living up to their contractual obligations.

“Look, any lawyer worth his salt will tell you that this case is a loser.”

“The judge is gonna throw this case out of court.”

“Look, these lawyers are all crooks, and it will take years for you to get paid. I’m talking about handing you a check right now.”

Don’t let an insurance adjuster whose livelihood depends on paying you as little as possible presume to lecture you about the law, the extent of your injury, or your integrity. Obtaining legal counsel to negotiate with the insurers on your behalf is a sure way to sidestep all the standard tricks of the adjusting trade.

If you or a loved one has been injured in an accident, contact Breit, Drescher and Imprevento for a free legal consultation today.

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