If you’ve been involved in an accident in Florida, you may be contemplating the next steps in filing an insurance claim. This can be particularly complex whether the incident involved a vehicular collision – requiring you to file a claim against another party’s insurer – or damage resulting from severe weather conditions. In such situations, consulting with a knowledgeable Florida insurance claims lawyer can provide clarity and support.
To ensure you receive a fair assessment from the adjuster, it’s essential to be prepared with the right questions to ask an insurance adjuster.
- Are you a public or private adjuster?
- Can you put in writing that I was not at fault when the damage occurred?
- Will you give me the recorded statement of the person who caused the damage?
- Can you explain how the damage will be assessed?
Asking informed questions and understanding your rights are crucial steps in navigating the complexities of insurance claims.
1. Are You a Public or Private Adjuster?
Public adjusters mainly work for themselves. You can hire one to evaluate the loss instead of relying on the insurance company to send a potentially biased investigator.
The insurance adjuster, sent by the insurer to evaluate the loss, will play a critical role in this process. Here’s what an adjuster typically does:
- Validates the legitimacy of your claim.
- Investigates whether the damage incurred is covered under your insurance policy.
- Ensures there are no fraudulent elements in the claim.
- Gathers additional information necessary for processing the claim.
- Negotiates settlements to resolve the claim.
Adjusters also determine the compensation amount that the insurance company should pay to the claimant. Consider hiring the public adjuster yourself to ensure you’re not being cheated. Insurance companies might hire an independent contractor to avoid seeming biased, but the public adjuster hired by the company will likely be looking out for his or her employer’s interests.
2. Can You Put in Writing That I Was Not at Fault When the Damage Occurred?
One of the most critical pieces of documentation you can request is a written statement from the insurance company confirming that you were not at fault when the damage occurred. An insurance adjuster should be able to provide you with a written statement once they’ve investigated the damages – if you are at fault or not.
Continue to ask an insurance adjuster for the necessary documentation, and ensure you document all communications. If the insurance company continues to refuse, this documentation can serve as a crucial piece of evidence should the matter escalate to legal proceedings. It illustrates your proactive approach in clarifying the facts and your commitment to resolving the matter transparently and fairly.
3. Will You Give Me the Recorded Statement of the Person Who Caused the Damage?
If you’re filing an insurance claim against another person’s insurance, their insurance company will ask you for a recorded statement. You do not need to give them one. They will attempt to use your recording, and other records collected on the damage, to prove your unreliability in court.
For example, if you were in a car accident, your statement will sound slightly different when you’re giving it to a police officer than if you’re retelling it to an insurance agent on the phone. Even slight changes in the story can weaken your case, which is what the company is counting on.
They will also not want to give you their policyholder’s recorded statement for the same reason, because it proves the person’s liability. If you decide to give a statement, make sure to do so after consulting with a legal adviser.
Remember, if your insurance company requests a recorded statement, they’ll use it to pay for things such as medical bills. Without a recorded statement, they may not provide anything to you for lack of cooperation.
4. Can You Explain How the Damage Will Be Assessed?
When you file an insurance claim in Florida, particularly after an incident such as property damage, asking your insurance adjuster how your damage will be assessed is crucial for several reasons.
- Clarification of Assessment Methods: Different types of damages may be assessed using various methods. For instance, property damage in an auto accident might be evaluated based on repair costs, the replacement value of the vehicle, or depreciation. By asking how the damage will be assessed, you can gain insight into the methodology the adjuster will use, which affects the total compensation you might receive.
- Understanding Insurance Policy Terms: Insurance policies can be complex and filled with legal terminology. By asking your insurance adjuster to explain the assessment process, you ensure that the evaluation is aligned with the stipulations of your policy. This can help avoid disputes over claim amounts based on misunderstandings of what the policy covers.
- Preparation for Possible Discrepancies: Knowing the assessment process allows you to prepare if you believe your adjuster’s evaluation is incorrect. For example, if your insurance adjuster uses a method that undervalues your damages, you can contest the assessment by gathering independent repair estimates or consulting a professional appraiser.
- Transparency and Fairness: Requesting details on the damage assessment process promotes transparency and helps ensure your insurance adjuster handles your claim fairly. This can be particularly important in Florida, where state regulations govern insurance practices to protect consumers.
- Legal Compliance: Florida statutes outline specific duties and obligations for both insurers and policyholders. Unfair methods of competition and unfair or deceptive acts are prohibited in the business of insurance, including practices that constitute unfair claim settlement practices. By understanding how your claim is assessed, you can better determine if the insurance adjuster is complying with state laws.
By posing this question to your insurance adjuster, you not only protect your interests but also ensure that you are actively engaged in the claim process, which can lead to a more favorable outcome.
Let Our Insurance Claims Lawyers in Florida Assist You
If you’re filing a claim with a difficult insurance company, you may be heading up a long and challenging road. Their goal is to pay as little as possible.
Make sure you have someone on your side who knows the law and does their best to protect your rights and interests. Consult an insurance claims lawyer in Florida at The Morgan Law Group. Call us today or complete our online form for a free consultation.