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- Clear Lake Personal Injury Attorneys
- Phone: 641-792-3595
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Who Is the Insurance Adjuster and What Do They Actually Want?
There are hundreds of insurance companies doing business in Iowa and thousands of insurance adjusters working on their behalf. What every one of them has in common is this: they are trained in techniques to reduce the value of your claim, convince you to accept a settlement that is smaller than what your case is worth, and maintain the upper hand when you are not represented by an attorney who knows Iowa law. While an adjuster may act friendly and even express genuine concern for your situation, they do not have your best interests in mind. Their job is to pay you as little as possible in order to maximize their employer's profits.
Understanding this reality is not cynicism. It is the starting point of every successful personal injury claim. Iowans who are hurt in accidents are beginning to realize that the insurance company is not there to help them. Knowing specifically how different major insurers operating in Iowa tend to handle claims can help Clear Lake injury victims prepare for what they will encounter.
How Major Iowa Insurance Companies Handle Injury Claims
EMC Insurance
EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Generally, EMC adjusters are responsive and will return phone calls and answer correspondence. However, their pleasant demeanor should not be confused with fairness. Do not let an EMC adjuster convince you that they are your friend or that the amount they claim is owed to you is actually the full value of your case.
Liberty Mutual
Liberty Mutual is among the top writers of workers' compensation coverage in Iowa most years. Their adjusters have access to in-house Iowa attorneys who can assist or take over a case when legal issues arise. If an attorney becomes involved on Liberty Mutual's side of your claim, you should seriously consider retaining your own attorney immediately. The 2017 changes to Iowa's workers' compensation law contain numerous traps for injured workers, and navigating them against Liberty Mutual's legal resources without representation of your own is dangerous.
Sedgwick and Gallagher Bassett
These companies are third-party administrators, not insurers themselves. They handle claims on behalf of self-insured companies or other insurance companies that lack their own Iowa adjusters. In practice, they are often significantly harder to deal with than a standard insurance company adjuster. Obtaining records, getting return calls, and receiving timely written responses can all be difficult. The vast majority of cases involving these TPAs end up requiring a lawsuit before anything gets resolved.
AIG
AIG is a large New York-based insurance company whose adjusters sometimes take an approach that in practice means failing to return phone calls, not responding to letters or emails on a timely basis, and showing little apparent concern for the difficulties an injured person is facing. Not every AIG adjuster behaves this way, but it is a consistent enough pattern that Clear Lake injury victims dealing with AIG should be prepared for it from the outset.
Travelers
Travelers operates a large claims center in Overland Park, Kansas, and like Liberty Mutual, has in-house Iowa attorneys who work cases behind the scenes or take a more direct role when warranted. If you are unrepresented, Travelers has the financial resources, legal knowledge, and training to pay you as little as possible. Having your own attorney changes that dynamic substantially.
Zurich
Zurich is a large international company based in Switzerland with annual revenue exceeding 47 billion dollars. One of its largest subsidiaries is Farmers Insurance. Your claim will typically be handled by an adjuster who may be located far from Iowa and may have limited familiarity with Iowa law. Regardless of location or tone, they will have been trained to minimize what they pay, and Iowa law will not favor you unless you have someone on your side who knows it.
If you were injured in Clear Lake or anywhere in Cerro Gordo County, contact Walker, Billingsley and Bair today for a no-cost personal injury case review. Get Your Free Case Evaluation
Do You Have to Accept the Insurance Company's Settlement Offer?
In Iowa, you absolutely do not have to accept an insurance company's settlement offer. This is one of the most important facts injured Iowans should understand. However, making a smart decision about whether to accept, reject, or counter an offer requires answering some critical questions first.
Are your injuries minor enough that you may be better off settling on your own without involving an attorney? If your medical bills have been paid by your health insurance or another coverage source, who will be seeking reimbursement from your settlement through a process called subrogation? And how much time remains before Iowa's statute of limitations expires and you lose your right to pursue any recovery at all? If you do not know the answers to these questions, speaking with a qualified Iowa personal injury attorney before making any settlement decision is strongly recommended. Failing to do so could cost you thousands of dollars, or in some cases, your entire claim.
The First Offer Is Almost Never the Best Offer
It is very rare that an insurance company's first offer is their best offer. If you are representing yourself in a personal injury matter, you should always try to negotiate with the insurance adjuster. But there are important rules to keep in mind when doing so.
Anything you say to the insurance adjuster can and will be used against you in your claim and in any subsequent lawsuit. Be thoughtful about what you say, but never lie. Even a small misstatement can permanently damage your credibility and reduce the value of your claim. Insurance companies share databases with one another, and they will discover any prior injuries or accidents in your history. Threatening or becoming aggressive with an adjuster is also counterproductive. As with most things in life, being calm and professional will get you considerably further than being upset or demanding. And you should always have a clear command of your own facts: how the injury occurred, who provided your medical treatment, and what conditions you have been diagnosed with.
How to Evaluate the True Value of a Personal Injury Claim
Before you agree to any settlement offer in a case involving injuries, speak with someone who deals with insurance companies on a daily basis and has handled hundreds of Iowa injury cases. Friends and family members may mean well, but they cannot tell you what your case is actually worth. A qualified attorney can. The factors that drive the value of a personal injury claim in Iowa include the following.
- The severity and overall extent of the injuries sustained
- The nature of the injuries, including whether multiple body parts were affected
- Whether objective injuries such as broken bones are present
- Whether the injured person was hospitalized as a result of the accident
- Whether surgery was required
- How much time the injured person missed from work
- Where the injured person was working or what they were doing when the injury occurred
- How much insurance coverage is available from all applicable sources
- Whether a claim for underinsured motorist coverage may be available
No two cases are identical, but they all share common elements. An attorney who is experienced with Iowa injury cases will be able to give you a realistic range of your claim's value once the facts and medical opinions have been fully developed, and will help ensure the insurance company does not close your case for far less than you deserve.
When Negotiations Stall: Alternative Dispute Resolution for Iowa Personal Injury Cases
Many personal injury cases in Iowa are resolved through direct negotiations with the insurance company. But sometimes a dispute cannot be resolved that way, and proceeding all the way to trial is not always the right answer for every injured person. In those situations, two types of alternative dispute resolution are available that can help reach a fair outcome while avoiding the time, cost, and stress of full litigation: arbitration and mediation.
Arbitration: A Structured Hearing Outside the Courtroom
Arbitration is in some ways similar to a courtroom hearing but operates with fewer formal rules surrounding the use of evidence. An arbitrator reviews the facts and evidence presented, listens to testimony from witnesses, and then makes a decision. It is typically less costly than full litigation and usually takes less time than a trial. The hearing can be held in virtually any setting, which makes the process more convenient for everyone involved.
Both sides must agree on who will serve as the arbitrator. At the hearing, each party presents their side of the case. There may or may not be formal opening and closing statements. Facts are established through evidence, which can include tangible items, medical records, photographs, video footage, and other relevant documentation. Witnesses provide testimony and are cross-examined, whether they are individuals who observed the incident or expert witnesses such as a medical professional or accident reconstructionist.
One important distinction is whether the arbitration is binding or non-binding. Binding arbitration means the arbitrator's decision is final and both parties must accept it. Non-binding arbitration means either party can choose not to accept the decision and pursue other options, including taking the case to trial. Understanding which type of arbitration applies in your situation is a critical factor in deciding whether to pursue it.
Mediation: The Most Common Path to Resolution in Iowa Personal Injury Cases
Mediation is a less formal process than arbitration and is more commonly used in personal injury cases. Like arbitration, it avoids full litigation and saves time, money, and stress. The key difference is that in mediation, the neutral third party, called the mediator, does not make a decision or ruling and does not even offer an opinion on the merits of either side's position. The mediator's sole role is to allow both parties to share their perspectives and then guide them toward a resolution that is mutually satisfactory.
Part of what makes mediation effective is that the mediator often helps the parties recognize areas where they already agree before focusing attention on the differences that remain. Most mediation sessions begin with both parties meeting together in the same room, after which the mediator takes each party to a separate space. Offers, demands, questions, and requests then pass back and forth as the mediator moves between the parties. This process typically involves some degree of compromise from both sides, and injured Iowans entering mediation should expect that a final resolution may require giving a little ground in certain areas to reach an overall agreement that fairly compensates their losses.
If mediation does not produce an agreement, the case may ultimately need to go to trial. However, if a trial is held and the other side prevails, the injured person could walk away with nothing. The ability that mediation provides for both parties to shape the outcome is one of its most significant advantages over the all-or-nothing nature of a courtroom verdict.
Weighing the Pros and Cons of Alternative Dispute Resolution
The benefits of alternative dispute resolution are substantial: lower cost, less time, reduced stress, and a process that often allows parties to approach the matter in a calmer and more rational state of mind than courtroom litigation permits. With mediation in particular, the injured person has meaningful participation in the outcome rather than placing the decision entirely in the hands of a judge or jury.
The potential downside is that money and time may be spent pursuing one of these processes without reaching a resolution, requiring the case to proceed to full litigation anyway. That additional cost comes on top of what was already spent on the alternative dispute process. Whether arbitration or mediation makes sense for your particular claim is a decision that should be made with the guidance of an experienced Iowa personal injury attorney who understands the specific circumstances of your case and the realistic prospects of each available path.
We Are Here To Help
Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.
Free Book at No Cost
If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.
If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.