Insurance claims adjusters, claims representatives, claims specialists, or independent claims analysts are different titles but they all do the same job: to investigate your accident claim and protect their employer’s financial interests by paying as little as legally and contractually possible.
When you have filed a car accident claim in Wisconsin against someone you believe was to blame for that accident, the negotiation process generally will be with a claims adjuster who’s working for that at-fault party’s liability insurance company.
To begin with, you should take care not to admit fault at the accident scene. In personal injury cases, you’re also not obligated to provide a recorded statement to the adjuster at any stage of the claims process for a fair settlement.
Common Insurance Adjuster Tactics in Wisconsin
An experienced car accident lawyer would know that the adjuster at the other driver’s insurance company is usually judged by:
- How quickly they settle (“clear” or “close”) the claims of car accident victims
- How much of the insurance company’s money they save by denying or lowballing settlements
If the adjuster knows that your claim is being handled by a strong legal team and you understand the true worth of your claim, they might stop with the stalling strategies.
Although some of their questions may be reasonable, some are designed to pressure you to settle for as little as possible. They might contend that the insurance policy doesn’t provide coverage for your accident because:
- The policy has lapsed
- The other driver who caused the crash doesn’t have insurance coverage (uninsured motorist claim may apply in such cases)
- The location or nature of the crash isn’t covered (e.g., the accident occurred on a racetrack, off-road terrain, or private property)
Please note that an adjuster saying there’s no coverage doesn’t automatically end the negotiations for your fair car accident claim compensation. For an experienced attorney, coverage simply becomes one more thing to address in the negotiations.
Claims adjusters’ job hinges on saving their employers’ money. Not all adjusters engage in unethical practices, but there are always a few who try to break the rules. In our 35+ years of experience as personal injury attorneys, having represented thousands of accident victims and their families, here are the key insurer tactics we have witnessed when it comes to undervaluing car accident claims in Wisconsin:
Pushing You to Settle Your Claim with the Other Company
Under Wisconsin’s fault-based auto insurance laws, the driver who causes the accident (or their insurance company) has to pay for the medical expenses of the injured. Of course, this only applies when the injured party proves the fault of the negligent driver, their claim isn’t disputed/undervalued, and the at-fault driver has sufficient liability coverage.
This doesn’t stop some adjusters from telling you to contact your own insurance company for your personal injury claim during their first call to you. Don’t hesitate to politely remind that you’re legally entitled to proceed against any party who contributed to your injury and seek compensation for your medical bills, lost wages, and pain and suffering.
Saying You Waited Too Long
If you wait too long to report the accident or notify the insurer of your intent to pursue a claim, the other party’s insurance adjuster may try to argue that the delay prejudiced their ability to investigate the claim, or they might even claim the delay creates grounds to deny or devalue your claim.
Even though Wisconsin law gives you three years to file a personal injury lawsuit, insurance companies are known to use the delay in initial reporting to argue that your injuries may not have been caused by the crash, or that your claim is somehow “suspicious.” They could question your medical records or say that your injury worsened due to a delay in treatment or that the injury was exacerbated by a pre-existing condition.
Keep in mind that there’s no time limit in third-party claims other than the statute of limitations within which you must file a Notice of Claim (unless the claim is against the local, state, or federal government). However, your insurance policy might have strict deadlines (for MedPay, UM/UIM, or collision coverage), so timely notice to your insurer is important.
Using an Independent Medical Exam (IME) Against You
Before the insurance company decides to settle (or deny) your claim, it may request that you attend an IME to verify the extent of your injuries. It’s a medical evaluation performed by a physician chosen (and paid) by the insurance company. The purpose isn’t to provide you with medical treatment, but to evaluate the cause, severity, and extent of your injuries.
Under Wisconsin Statute 804.10, the defendant (the at-fault party) does have a legal right to request an IME. You may refuse to attend it, but if they have a court order to compel you, you must undergo the evaluation.
Considering these exams are conducted by doctors who routinely work with insurance companies, you can be sure that it’s a tactic intended to question your credibility as an accident victim, prove that your injury was pre-existing, or dispute their severity. To prevent an IME from harming your odds of settling the claim, it’s prudent to consult with a lawyer beforehand.
Your attorney can file a motion on your behalf to prevent overly invasive tests and block any questioning outside of the medical scope. They may also ask the court for permission to record the IME to preserve what’s said and done. If the doctor overstepped legal or ethical boundaries, a skilled attorney knows how to challenge the IME report’s credibility in court.
Get Our Experienced Car Accident Attorneys on Your Side
If you have filed a car accident injury claim in Wisconsin and the insurance adjuster is pushing you to accept a low settlement that doesn’t adequately cover your medical costs, lost income, and pain and suffering, reach out to Gingras Thomsen & Wachs LLP as soon as possible.
Our personal injury attorney is well aware of the inner workings of insurance companies and what it takes to obtain the full and fair compensation our clients need after an accident. We provide a wide range of personal injury services in Wisconsin. You can count on our decades of experience to fight their tactics and aggressively pursue the money that’s rightfully yours.
In a situation where settlement negotiations with the insurance company don’t result in a fair car accident claim compensation, our lawyers are fully prepared to take your case to trial. We will argue before a jury based on strong legal arguments and compelling evidence and pursue maximum compensation for your current and future medical treatment, lost wages, and emotional trauma.
To schedule your free consultation, call us at 855-954-1186 or contact us online.
