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Dealing With A Hard-Nosed Adjuster

Dealing With A Hard-Nosed Adjuster

  By Dan Baldyga
About Dan Baldyga
  Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation.
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Many adjusters are hard-nosed, thick skinned and difficult to deal with. Below is a typical situation where the claimant and the adjuster had previously met in an attempt to settle but the adjuster was taking the position that the injury to your shoulder was not as serious as your doctor's report stated it was.

The following typical exchange is a follow up example based on his belligerence at your last meeting which ended "up in the air" and without a settlement.

Now you're meeting again since that last sad exchange. Here's the counter argument you should make: "Look, with all due respect, you're not a doctor. You're no medical expert or authority to second-guess my doctor. You claim my injuries are only a 'mere bruised shoulder' as opposed to a dislocated shoulder. 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 in my shoulder.

But, even apart from my doctor's analysis, I'm the best judge of my own injury - - that is, how painful its been to me and the suffering I've gone through. How is it, sir, that its been over three months since I had this accident and I still suffer excruciating pains? How is it that I can't lift things like I used to? Even to this date! Constant pains! The truth is it hurts me, it bothers me and it disables me. I've been enduring it but it's been awful and it has disrupted my life terribly. It's not a 'mere bruise' to me, sir. Neither does my doctor think it is. My doctor is an expert on this. And what does he say? He says my shoulder was definitely dislocated and that it will take many more months to clear up, if at all!"

All of the above is an example of your central approach to the belligerent, difficult to deal with, hard-nosed adjuster. You should be firm, aggressive but not hostile and you should make a thoughtful and documented presentation of a claim that relies on the power and persuasiveness of a sound demand adequately documented and properly communicated to the adjuster. How does one learn how to go about doing that? By reading Dan Baldyga's latest book, Auto Accident Personal Injury Insurance Claim (How To Evaluate And Settle Your Loss) found at

The three crucial questions you must ask the adjuster are: (1) How much will you give me as a fair settlement for my provable and special damages? (2) How much will you give me for my disability and my pain and suffering. (3) How much will you give me for my automobile and all other property damages?

In most instances you won't get a straight answer. He'll usually sidestep and do a slow waltz by asking you a question of his own, "What do you think your claim is worth?"

Such a question is predictable because he prefers that you be the one who makes the settlement dollar offer first. Why? Because you may make a demand that's less than what he was preparing to offer! And also, because if you make an excessive demand, the adjuster will not have committed himself to an offer which will have left no room for further negotiations. In other words, the adjuster 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 offer first, rather than the adjuster. If at all possible you should not provide him with this advantage!

To win this very important game you must insist on the initial offer (one that's realistic and made in good faith) to come from the adjuster, before you make yours. Why? Because at that point it's all about who gets to control the value of your claim - - you or the adjuster.

It's not sufficient for the adjuster to merely come up with a phony offer. You must insist upon, and hold out, until he makes you the first offer and that it's a realistic one. Then, and only then, is when you should respond with your own first counter- offer. Up until that point never, ever, let him know what you'd be willing to settle for. If you do that you'll lose control and it could cost you some big bucks!


DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga or Vince Ciulla make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

Copyright (c) 2005 by Daniel G. Baldyga All Rights Reserved

Dan Baldyga's fourth and latest book Auto Accident Personal Injury Insuraece Claim: (How To Evaluate And Settle Your Loss) can be found on the Internet at This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured because of your personal injury.

Additional Information provided courtesy of and Warranty Direct
© 2000-2007 Vincent T. Ciulla

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