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Dealing With Henry Hard-Nose ~ The
Tyypical Insurance Adjuster
by: Dan Baldyga
Most adjusters function like Henry Hard-Nose of Rock Solid Insurance Corporation.
They’re thick skinned and difficult to deal with. Below is a typical verbal
exchange a month or so after you and Hard-Nose had last met in an attempt to
settle. At that time he had taken the position that the injury to your shoulder
was not as serious as your attending physicians Medical Report stated it was.
(Question: Do they fight what your attending physician wrote in their report?
Answer: Yes, absolutely! Take it from Dan, who was on that firing line for over
30 years).
The following is a typical verbal settlement exchange after your last meeting
had ended “up in the air” - - slowing floating around out there in outer space.
You first - - and here’s the counter argument you should make: “Look, with
all due respect, you are not a doctor. You’re no medical expert who has the
know-how to second-guess my doctor. When we last met you said my shoulder was
‘only a bruise’ as opposed to a dislocation. I have again talked to my doctor
and he remains firm about the accuracy of his original diagnosis. He states
that I absolutely suffered a dislocation of my shoulder. But, even apart from
his analysis, I’m the best judge of my own injury - - that is, how painful my
life has been, and the suffering I’ve had to endure“.
At that point Hard-Nose will always attempt his usual tactic of interrupting
your logic but stiffen up, wave him off and say, “Look, let me finish. You owe
me that because it was your insured who flew through a Stop Sign and bashed
into me. You and I both know he’s one hundred percent at fault and if this talk
about settling for my “pain and discomfort” gets any more one-sided I’m gonna
be left with no choice but to hire myself a lawyer.”
Hard-Nose will stiffen up! Now, you proceed, “How is it sir, that its been
over three months since this accident and there are times when I still suffer
excruciating pains? How is it that I can’t lift things like I used to? The truth
is it hurts, it bothers me and it has disabled me. I’ve been enduring it but
it’s been awful and it has disrupted my life terribly. My shoulder is not a
‘mere bruise’ to me sir. Neither does my doctor say it is. He states that my
shoulder was definitely dislocated and it will take several more months to clear
up”!
All of the above is an example of your central approach to the predictably
belligerent, difficult-to-deal-with adjuster. You should be firm and aggressive
but not hostile. Yours should be a thoughtful presentation that relies on the
power and persuasiveness of a sound demand adequately documented and properly
communicated.
The three crucial questions you must ask Hard-Nose are:(#1) How much will you
pay me for the damage to my motor vehicle and all other provable property damage?
(#2) How much will you pay me as a fair settlement for my provable lost wages
and medical expenses? (#3) How much will you pay me for my disability and my
“Pain and Suffering”?
In most instances Hard-Nose will head for the hills - - unwilling to give you
a straight answer. He’ll sidestep and do a slow waltz by asking you a loaded
question like, “Okay, what do you think your claim is worth?”
Such a question is predictable because Hard-Nose prefers that you’re the one
who makes the settlement demand first. Why? Because you may ask for less than
what he was preparing to offer! And also because, if you make an excessive demand,
he won’t have committed himself to an offer which will have left no room for
further negotiations. In other words, Hard-Nose is in his best position to exercise
“command and control” over the manipulation (and setting) of the dollar amount
to be paid when it’s you that makes the settlement demand first, rather than
he making the settlement offer. Don’t provide him with this advantage!
To win this crucial “game” he must suspect you’re close to obtaining a lawyer
to handle your case so you should insist on the offer (one that’s realistic
and made in good faith) to come from him before you make your demand. Why? Because
at that point it’s all about who gets to control the value of your claim - -
you or Hard-Nose?
It’s not sufficient for Hard-Nose to merely come up with a phony offer. You
must insist upon, and hold out, until he makes the first offer and that it’s
a realistic one. Then, and only then, is when you should respond with your own
first counter-demand. Up until that point never let him know what you’d be willing
to settle for. If you do you’ll lose control and that could cost you big bucks!
To learn more about how to handle and evaluate your motor vehicle accident
claim, read Dan Baldyga’s latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE
CLAIM (How To Evaluate And Settle Your Loss). It can be found on the internet
at http://www.autoaccidentclaims.com
or your favorite bookstore.
Copyright (c) 2003 by Daniel G. Baldyga. All Rights Reserved
DISCLAIMER: This claim tip ~ DEALING WITH HENRY HARD-NOSE ~ THE TYPICAL INSURANCE
ADJUSTER is intended for background information. It’s purpose is to help people
understand the motor vehicle accident claim process. Dan Baldyga makes any guarantee
of any kind whatsoever NOR purports to engage in rendering any professional
legal service, substitute for a lawyer, an insurance adjuster, or claims consultant,
or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY
TO OBTAIN IT.
About The Author
Dan Baldyga - Author
19 Winona Drive, West Springfield, MA 01089
Phone: (413) 733 0127 FAX: (413) 731 8358
Mail to: dbpaw@attbi.com
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
Found at: http://www.autoaccidentclaims.com
For 30 years Dan Baldydga was a claims adjuster, supervisor, manager
and also a trial assistant. He is now retired and spends his time attempting
to assist those involved in motor vehicle accident claims so they will
not be taken advantage of.
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