If you’ve been injured in a Florida accident—whether from a car crash, slip-and-fall, or another personal injury—you’ll likely have to interact with an insurance adjuster.
These representatives work for the insurance company, and while they may come across as courteous and helpful, their primary objective is to minimize the company’s payout—not to secure a fair settlement for you.
Understanding how to navigate conversations with insurance adjusters can significantly impact the compensation you receive. This guide breaks down their role, outlines your rights, and offers strategies to protect yourself—particularly within the framework of Florida’s personal injury laws.
What Is an Insurance Adjuster?
An insurance adjuster (also known as a claims adjuster) is someone employed by an insurance company to investigate claims, determine liability, and recommend settlement amounts. After an accident, an adjuster may:
- Ask you to give a recorded statement
- Request medical records and accident reports
- Evaluate vehicle damage or injury severity
- Estimate a settlement amount for your claim
There are different types of adjusters:
- Company adjusters work directly for the insurer.
- Independent adjusters are hired by the insurer but work as third parties.
- Public adjusters represent you, but are typically used in property damage—not personal injury—claims.
In personal injury cases, you’ll typically deal with the other party’s insurance adjuster, and possibly your own if you’re filing a Personal Injury Protection (PIP) claim under Florida law.
Florida’s No-Fault Insurance Rules
Florida is a no-fault state, meaning drivers must carry PIP insurance to cover their own injuries regardless of who caused the accident. However, you can still pursue a claim against the at-fault party if your injuries are serious enough.
Here’s how it works:
- PIP covers up to $10,000 in medical expenses and lost wages.
- You can step outside the no-fault system and sue the other party if your injuries are permanent, disabling, or disfiguring.
- In such cases, you may deal with two adjusters: one from your insurer (for PIP) and one from the at-fault party’s insurer (for liability).
Understanding this distinction is crucial when speaking with adjusters, as they may try to downplay the severity of your injuries to limit their liability.
Common Mistakes to Avoid When Dealing with Insurance Adjusters
Insurance companies process thousands of claims and use well-honed strategies, scripts, and tools to protect their interests—not yours. Avoid these common pitfalls to ensure your rights are safeguarded:
1. Providing a Recorded Statement Too Soon
Adjusters may request a recorded statement shortly after the accident, framing it as routine or necessary. However, this can be a trap. Even unintentional inconsistencies or incomplete details can later be used against you.
Pro Tip: Politely decline and let them know you’d prefer to consult with your attorney first.
2. Admitting Fault or Speculating on Details
Comments like “I didn’t see the other car” or “I may have been speeding a little” can inadvertently shift blame onto you. Guessing or speculating can weaken your case.
Pro Tip: Stick to facts you’re absolutely certain about. If you don’t know something, it’s perfectly fine to say, “I’m not sure.”
3. Signing Broad Medical Release Forms
Adjusters may ask you to sign a medical release form, which could grant them access to your entire medical history—even conditions unrelated to your claim. This overreach can harm your case.
Pro Tip: Only release relevant medical records, and always do so through your attorney to protect your privacy.
4. Accepting a Settlement Too Quickly
Early on, adjusters might offer a settlement that seems tempting but is often far less than what you’re entitled to. At this stage, you may not fully understand the extent of your injuries, medical expenses, or long-term costs.
Pro Tip: Don’t rush into a settlement. Wait until you’ve reached maximum medical improvement (MMI) and consult with a personal injury attorney to assess the true value of your claim.
By steering clear of these mistakes, you can better protect your interests and ensure you receive the fair compensation you deserve.
What Insurance Adjusters Are Trained to Do
Insurance adjusters are primarily focused on protecting their company’s financial interests, not advocating for your best outcome.
Their primary tactics often involve getting you to admit partial or full fault, downplaying the extent of your medical expenses or injuries, or identifying pre-existing conditions to deny coverage. Additionally, they may delay processing your claim in an attempt to pressure you into accepting a lower settlement.
Another common strategy is discouraging you from seeking legal representation by suggesting that involving a lawyer will only delay the process or reduce your payout. Being aware of these tactics allows you to navigate the claims process more confidently and avoid common pitfalls that could jeopardize your rights.
How to Handle Conversations with an Insurance Adjuster
If you need to speak with an insurance adjuster, especially early in the process, follow these key tips to protect yourself:
1. Be Brief and Courteous
Keep the conversation short and polite. Avoid oversharing details about the accident or your injuries—you’re not obligated to provide this information right away.
2. Redirect to Your Attorney
If you’ve hired an attorney, let the adjuster know and direct all inquiries to them. Once you’re represented, adjusters are prohibited from contacting you directly.
Example: “I’m represented by an attorney. Please reach out to them for any further questions.”
3. Document Everything
Maintain a written record of every interaction. Note the adjuster’s name, the date and time of the call, and a summary of the discussion.
4. Never Agree to a Settlement Without Full Understanding
Do not accept or agree to any settlement, verbally or in writing, until you fully understand the value of your claim.
By following these tips, you can ensure your rights are protected throughout the claims process.
Why You Should Consider Hiring a Personal Injury Attorney
Navigating insurance claims on your own can leave you at a significant disadvantage. A knowledgeable personal injury attorney can handle all communications with insurance adjusters, ensuring you don’t unintentionally say anything that could harm your claim.
They are experienced in negotiating to maximize your compensation and can identify additional sources of recovery, such as uninsured motorist coverage or multiple liable parties.
If the insurance company refuses to offer a fair settlement, an attorney can file a lawsuit on your behalf. Insurance companies are often more inclined to make better settlement offers when they know you have strong legal representation capable of taking the case to trial if necessary.
What You May Be Entitled to in a Florida Personal Injury Claim
If you’re eligible to step outside the no-fault system, a personal injury claim may include compensation for:
- Medical expenses (past and future)
- Lost income or reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
Adjusters will try to devalue or deny these elements of your claim. A lawyer can build a compelling case using evidence such as medical records, accident reconstruction, and expert testimony.
Florida Laws That Affect Your Claim
Understanding Florida-specific legal rules can help you navigate adjuster conversations more confidently:
1. Comparative Negligence
Florida follows a modified comparative negligence rule. If you’re found more than 50% at fault, you cannot recover damages. If you’re less than 50% at fault, your compensation will be reduced proportionally.
Example: If you’re awarded $100,000 but are 30% at fault, you’ll receive $70,000.
Adjusters may use this rule to argue you’re partially responsible to reduce the payout.
2. Statute of Limitations
As of 2023, Florida now has a 2-year statute of limitations for personal injury claims (previously 4 years). This means you must file a lawsuit within 2 years of the accident, or you lose your right to sue.
Don’t let adjusters delay the process—time matters.
Essential Steps to Take Before Speaking with an Adjuster
Preparing thoroughly before speaking with an insurance adjuster can significantly improve your case’s outcome. Follow these key steps:
- Seek Immediate Medical Attention – Prompt treatment not only ensures your well-being but also prevents delays that could be used to downplay the severity of your injuries.
- Organize All Documentation – Keep a detailed record of medical bills, prescriptions, reports, and any other related documents.
- Hold Off on Repairs – If you’re claiming property damage, avoid making any repairs until an adjuster or attorney has properly documented the condition of your property.
- Maintain a Personal Injury Journal – Record your symptoms, pain levels, missed work, and the ways your injuries impact your daily life.
Thorough documentation becomes invaluable evidence in strengthening your case later on.
What If the Insurance Company Denies or Delays Your Claim?
Insurance companies are expected to handle claims fairly, but there are times when they may act in bad faith. This occurs when they deny valid claims, delay investigations without reason, or offer unreasonably low settlements.
Policyholders dealing with such tactics may have the right to pursue additional damages through a bad faith insurance claim. Recognizing the signs of bad faith is essential to protect your rights.
Common indicators of bad faith include unexplained delays, failure to promptly investigate, lack of communication, unjustified low settlement offers, or frequent changes in adjusters. If you suspect your insurer is acting in bad faith, consult with an experienced attorney as soon as possible.
Let the Law Office of Ronald M. Zakarin Help with Your Florida Personal Injury Claims
At the Law Office of Ronald M. Zakarin, we’re dedicated to helping you navigate your Florida personal injury claims with compassion, expertise, and proven results. Since 1984, Ronald M. Zakarin has been proudly serving the Boca Raton community, offering skilled legal representation in personal injury cases.
If you’ve been injured in a car accident, due to medical malpractice, or another act of negligence, Ronald Zakarin is committed to helping you recover the compensation you deserve. Whether through mediation or in court, his focus is on achieving the best possible outcome for your case.
Your journey starts with a personalized consultation, where Ronald takes the time to understand your situation and create a tailored strategy to protect your rights.
Contact us today at (561) 338-5297 to schedule your free consultation. Let’s work together to secure the justice and compensation you deserve!
FAQs
Why should you hire a Florida personal injury attorney when dealing with insurance adjusters?
A Florida personal injury attorney can provide invaluable assistance throughout the insurance claims process. Insurance adjusters are called claims adjusters because their primary goal is to settle claims quickly and for as little money as possible. A dedicated legal team or experienced personal injury lawyer has the legal knowledge to gather evidence, review police reports, and work with medical providers to ensure you receive fair compensation while minimizing undue stress.
How do insurance adjusters try to minimize payouts in car accident cases?
After a car accident, the other party’s insurance company or your own insurance company will send adjusters to inspect property damage and review repair estimates. The driver’s insurance company may present lowball settlement offers to settle claims fast. A personal injury lawyer can negotiate settlements in your best interest and help you seek additional compensation when necessary.
Why is it important to seek medical treatment immediately after an accident?
It’s vital to seek medical treatment right away after a car accident, not only for your health but also to protect your rights under your insurance policy. Medical treatment records help prove your serious injuries and strengthen your claim. Your Florida personal injury attorney will use this documentation to seek compensation and push back if the insurance company tries to limit your claim.
How does a free consultation help with Florida’s insurance claims process?
Many people don’t realize that a personal injury lawyer often offers a free consultation to explain the insurance claims process. This legal guidance can help you understand your own insurance company’s responsibilities under Florida’s insurance regulations and what the party’s insurance company must do. Strong legal counsel helps you gather evidence, handle numerous challenges, and fight for your best interest.