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Insurance companies defend most personal injury claims. You could have a legal claim through your insurer (first-party claim) or the at-fault party’s insurer (third-party claim). In either case, your initial point of contact with a company is likely to be through an insurance adjuster. You must understand how insurance adjusters operate. Here, our Beaufort personal injury lawyers provide an in-depth overview of the role of insurance adjusters in the personal injury claims process.
Most Personal Injury Cases are Handled/Defended by Insurance Companies
As a starting point, injured victims in South Carolina must understand that most personal injury cases involve insurance companies.
Indeed, insurers often handle the defense and settlement negotiations on behalf of their policyholders. These companies are typically responsible for paying out compensation (when appropriate) to injured victims.
An Overview of the Role of Insurance Adjuster in a Personal Injury Case
You may be wondering: What do insurance adjusters do? They play a key role in the personal injury claims process. Insurance adjusters are responsible for handling a wide range of the (initial) aspects of a claim. Among other things, an insurance adjuster will typically handle:
- Investigation of the Claim: Upon the filing of a claim by an accident victim in South Carolina, the insurance adjuster will start by collecting all relevant information—from police reports to witness statements. They will also typically try to get a recorded statement from the victim.
- Initial Assessment of Liability/Damages: The adjuster will often make an initial evaluation as to who is at fault based on the evidence gathered. They will also assess the damages incurred by the injured party—including medical expenses, loss of wages, and pain and suffering. Of course, it is important to remember that they are not an independent party. They are a representative of the insurance company.
- Negotiation of Settlement: Once a personal injury claim starts moving forward, another primary role of an insurance adjuster is to negotiate settlements with the victim. If you have hired a South Carolina personal injury lawyer, the insurance adjuster must work through your attorney. Notably, insurance adjusters want to settle claims for less.
Four Tips for Dealing With Insurance Adjusters
A key point to keep in mind when dealing with insurance adjusters after an accident in South Carolina: They are not on your side. It is their job—in a literal sense—to represent the insurance company in the personal injury claims process. You need to be prepared to take them on. Here are four actionable tips for dealing with insurance adjusters after a serious accident in South Carolina:
- Avoid Giving a Recorded Statement: You are not required to provide a recorded statement after an accident. Indeed, it is not in your best interests to do so. Recorded statements can be used to minimize your claim or dispute your account of the event. It is very easy for your words to get twisted by an insurance adjuster and, unfortunately, used against you.
- Be Careful When Signing Any Document: You should not sign any document—even a release for your medical records—without first consulting with an attorney. You should always thoroughly review any documents an insurance adjuster asks you to sign. These documents could be waivers or settlements that release the insurance company from further claims or liability for lower compensation than deserved.
- Take a Patient Approach to Settlement: An initial settlement offer is rarely the best offer in a personal injury case in South Carolina. Rushing into a settlement can lead to accepting compensation that simply does not adequately cover the victim’s damages. Insurance adjusters often capitalize on the urgency and distress of victims to try to pressure them into settling for less than full and fair compensation.
- Work Through a Lawyer: You do not have to take on an insurance adjuster alone. Dealing with insurance adjusters can be overwhelming—especially when you are recovering from an injury. A top-tier South Carolina personal injury lawyer can handle all aspects of settlement negotiations.
Know the Timeline: Statute of Limitations
Under South Carolina law (S.C. Code § 15-3-530(5)), there is a three-year statute of limitations for personal injury claims. You do not want to fall behind an insurance company after a bad accident. Be proactive: Consult with a South Carolina personal injury lawyer as soon as possible.
You Deserve the Maximum Compensation After a Serious Accident
In South Carolina, injured victims have the right to seek compensation for the full scope of their damages, including their economic losses and their non-economic losses. However, insurance companies—through their insurance adjusters—fight aggressively to limit their liability. In other words, they want to pay out less to injured victims. Our Beaufort personal injury lawyers help clients fight for compensation for:
- Property damage;
- Emergency room treatment;
- Hospital costs;
- Other medical bills;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Mental anguish;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
Why Injured Victims in South Carolina Depend On Schiller & Hamilton
Insurance adjusters are on the side of their employer. They are trained to protect the bottom line of the company—not to do what is best for injured victims and their families. At Schiller & Hamilton, we understand the role of the insurance adjuster and we have what it takes to hold them accountable.
Schedule a Free Consultation With Our Beaufort Personal Injury Lawyers Today
At Schiller & Hamilton, our Beaufort personal injury attorneys have your back when it matters most.
If you have any questions or concerns about dealing with insurance adjusters after an accident, we are here to help. Give us a call now or contact us online to arrange your free initial appointment.
With legal offices in Beaufort, Lancaster, Rock Hill, and Bluffton, our firm takes on insurance companies in personal injury claims throughout South Carolina.