
Insurance adjusters are not without outside pressures they must deal with every day of their work life. It would be advantageous for all readers to be aware of the most important of these because they could put money in your bank.
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.
Copyright (c) 2003 by Daniel G. Baldyga. All Rights Reserved
DISCLAIMER: This insurance claim article, OUTSIDE PRESSURES ON THE TYPICAL INSURANCE ADJUSTER is to help people understand the motor vehicle accident claim process. Dan Baldyga makes no guarantee of any kind whatsoever, NOR does he purport to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL'S RESPONSIBILITY to obtain it.
Dan Baldyga's third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com. or http://www.caraccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
Dan Baldyga - Author
19 Winona Drive, West Springfield, MA 01089
Phone: (413) 733-0127 FAX: (413) 731-8358
Mail To: dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
Found On The Internet At: http://www.caraccidentclaims.com
Or: http://autoaccidentclaims.com
About The Author
For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and trial assistant.He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so the will not be taken advantage of. Mail to: dbpaw@comcast.net
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AP - Gov. Rod Blagojevich was impeached Friday by Illinois lawmakers furious that he turned state government into a "freak show," setting the stage for an unprecedented trial in the state Senate that could get him thrown out of office.
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AP - A Texas death row inmate with a history of mental problems pulled out his only good eye and told authorities he ate it. Andre Thomas, 25, was arrested for the fatal stabbings of his estranged wife, their young son and her 13-month-old daughter in March 2004. Their hearts also had been ripped out. He was convicted and condemned for the infant's death.
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AP - They play brother and sister on "Dexter." Now in real life, Michael C. Hall and Jennifer Carpenter are husband and wife. Hall's spokesman, Craig Bankey, said on Friday that the couple eloped in California on New Year's Eve. They'll walk the red carpet together at the Golden Globe Awards on Sunday the first time publicly acknowledging their relationship.
AP - A new lease on life at 140? That's what a Manhattan lobster got Friday, when the 20-pound crustacean named George was released from a swanky Park Avenue restaurant's tank. City Crab and Seafood agreed to a request from People for the Ethical Treatment of Animals to let the lobster return to the Atlantic Ocean.
Reuters - Citigroup Inc is in advanced talks to sell its Smith Barney brokerage unit to Morgan Stanley, a person familiar with the matter said on Friday, in a move that would further dismantle the financial supermarket that has been bailed out by the U.S. government.
Reuters - The Illinois House of Representatives impeached Gov. Rod Blagojevich on Friday for abuse of power, including a charge that he tried to sell President-elect Barack Obama's former U.S. Senate seat.
Reuters - Israel pressed on with a punishing Gaza offensive and Hamas sent more rocket salvoes into southern Israeli towns in a two-week-old war that continued to defy international efforts to stop it.
Reuters - President-elect Barack Obama and a key Democratic lawmaker revealed plans on Friday to overhaul the government's $700 billion financial rescue fund as a way to aid struggling homeowners and speed the flow of credit.
Reuters - The unemployment rate surged to the highest in nearly 16 years last month as a deepening year-long recession forced companies to axe more than half a million jobs, government data showed on Friday.
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Reuters - A top bank industry group said on Friday that it opposes an agreement between Citigroup Inc and Democratic senators that would rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, saying it could make home loans more expensive.
Reuters - The European Union sought to finalize details on Friday of a gas monitoring deal to allow the resumption of gas supplies to Europe via Ukraine, which have been cut off for days over a pricing row.
AFP - Tanks and warplanes pounded Gaza on Friday after Israel defied a truce order from the UN Security Council as the death toll from the two-week-old conflict against Hamas passed 800.
AFP - Somali pirates said Friday they had freed a Saudi-owned supertanker, whose capture nearly two months ago caused panic in international shipping and spurred the world into tougher anti-piracy action.
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