What happens if you don't agree with an insurance adjuster?

Asked by: Fredy Little  |  Last update: July 16, 2025
Score: 4.9/5 (14 votes)

Dispute the Decision and File a Complaint Many policies allow you to request arbitration through the insurance company. You'll present evidence to an independent adjuster, who then makes a binding settlement determination. You can also file a complaint with your state department of insurance.

What to do when you disagree with an insurance adjuster?

If you disagree with the adjuster's final estimate, tell the company why. The company may have overlooked something and may make adjustments. Make sure to send any supporting documentation, such as a contractor's estimate for the repairs.

Do I have to accept insurance adjusters' offer?

You aren't obligated to take that offer. Insurance adjusters are skilled at reviewing damages and injuries and making settlement offers. But their initial offer may be a lowball one that doesn't reflect the full amount of your damages and losses.

What happens if you reject a settlement offer?

Rejecting a low settlement typically sparks deeper negotiations, often requiring more evidence or expert opinions to strengthen your case. If the insurer still refuses a fair agreement, you may file a lawsuit. While litigation can prolong the process and increase expenses, it can also result in a higher payout.

What should you not say to a claims adjuster?

Some key phrases to avoid saying to an insurance adjuster include: “I'm sorry.” “It was all/partly my fault.” “I did not see the other person/driver.”

3 Ways to MAXIMIZE your Auto Accident Insurance Claim

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How do you beat claims adjuster?

What Is the Single Best Way to Scare an Insurance Adjuster?
  1. Write a convincing demand letter to your insurance company.
  2. Carefully review any settlement offers you receive.
  3. Reject a settlement offer in writing on your behalf.
  4. Counter your lowball settlement offer.

Can you trust your insurance adjuster?

That said, it's always prudent to use caution when you're speaking to an insurance adjuster after an accident. These individuals have the tough job of thoroughly reviewing your case to determine an appropriate payout, and they may not always have your best interests at the forefront of their minds.

What happens if I don't accept a settlement agreement?

However, refusing a settlement offer does extend the life of your claim and delays when you receive compensation. If you have pressing medical bills or other expenses, this is a factor to consider. You'll also need to invest more time and energy into your case, including providing more documentation of your damages.

What happens if you don't agree with a total loss adjuster?

Sometimes, insurance adjusters and policyholders disagree on the car's value. When you don't agree with the settlement amount, you can negotiate with your adjuster. They assess the damage and determine how your coverage applies to damages and injuries. to get a better insurance payout.

How do you respond to a low settlement offer?

How Should I Respond to a Low Settlement Offer?
  1. Try to remain calm and examine the offer. After receiving a low settlement offer, the most important thing to do is to stay calm. ...
  2. Provide a formal, written response. ...
  3. Formulate your counteroffer. ...
  4. Settle after you've recovered.

Can you ask for another insurance adjuster?

Even if you don't hire a private claims adjuster, you can still work with the insurance company's adjuster. If you're not pleased with the initial adjuster that your insurance provides, you can contact them and request a new person.

What happens if insurance doesn't want to settle?

If your insurance claim does not settle, your attorney can pursue a personal injury lawsuit on your behalf in civil court. Filing a lawsuit will involve: Preparing and filing legal documents. Gathering evidence.

How long do you have to accept an insurance settlement?

There is no industry standard for how long a claimant should have to accept the settlement offer. Some insurance adjusters provide a date by which the claimant must accept the offer to be valid, while others expect an answer within a reasonable amount of time.

Can an adjuster cancel a claim?

Yes, the adjuster is free to close their file, and they could even withdraw any settlement offers (We do not see this happen very often). However, state law, not the adjuster, determines the time limit you have to pursue your case.

How to counter an insurance settlement offer?

Countering a Low Insurance Settlement Offer
  1. State that the offer you received is unacceptable.
  2. Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim.
  3. Re-state an acceptable figure.
  4. Explain why your counteroffer is appropriate, including the reasons behind your general damage demands.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

What to do if you do not agree with insurance adjuster?

Dispute the Decision and File a Complaint

Many policies allow you to request arbitration through the insurance company. You'll present evidence to an independent adjuster, who then makes a binding settlement determination. You can also file a complaint with your state department of insurance.

What should you not say to a loss adjuster?

Understand that everything you say whether in person or over the phone, can be used against you in their final assessment. Avoid providing incomplete or potentially detrimental information that could be used to lower the settlement offer, like failing to mention pre-existing damage.

Can you negotiate total loss payout?

Insurers will typically make an initial total loss settlement offer based on their own ACV calculation. However, policyholders can often negotiate for a higher payout. The key is for the policyholder to independently research their vehicle's worth using sites like Kelley Blue Book and NADA Guides.

What happens if the parties fail to come to settlement?

However, the most suitable relief for a breach of a settlement agreement would be specific performance as well as damages where a patrimonial loss has been suffered. Additionally, where a settlement agreement has been made an order of court, the breaching party can be held in contempt of court.

Do I need a lawyer for a settlement agreement?

It is generally a good idea to have a skilled attorney draft the settlement agreement, which will resolve your civil lawsuit.

What is the average settlement offer during mediation?

Mediation is a process that often provides parties the opportunity to reach settlement agreements, though average offers tend to range from 20-50% of damages. It's important for both involved in mediation sessions and negotiations.

What not to say when talking to an insurance adjuster?

Admitting Fault, Even Partial Fault.

Even if you think you may be partly at fault for the accident, do not discuss this with an adjuster. Avoid any language that could be construed as apologetic or blameful. Admitting any level of fault can eliminate or reduce the compensation that may be available.

How to beat the insurance adjuster?

Show them you're not easily swayed. Be patient, and let them know you're willing to wait for a fair settlement. Don't Accept the First Offer: Insurance adjusters often start with a lowball offer, hoping you'll take it and they can close the case. Show them you're not easily fooled by rejecting their first offer.

Can you ask for a different adjuster?

Most people do not realize that they can request that the claim can be re-assigned to another insurance adjuster. Insurance companies re-assign claims regularly and asking a carrier to change adjusters is not particularly difficult.