Understanding the Role and Goals of the Insurance Adjuster
Before diving into specific tactics, it is crucial to understand the perspective of the Nebraska car insurance adjuster. They are not inherently villains; they are professionals performing a job with specific objectives. Their primary duty is to protect the financial interests of the insurance company they represent. This involves paying out legitimate claims but also minimizing the amount paid on each claim. They are evaluated on their ability to close files quickly and for as little money as possible. This inherent conflict of interest is the root from which most adjuster tactics grow. Recognizing this fundamental dynamic is the first step in understanding why these strategies are employed and how to effectively counter them.
Common Tactics Employed by Nebraska Adjusters
1. The Quick, Lowball Settlement Offer
This is perhaps the most common and initially appealing tactic. Shortly after the accident, often while you are still recovering from your injuries, the adjuster may contact you with a settlement offer. They will present it as a way to get you money fast, avoiding hassle and lengthy processes. The offer is almost always far lower than the true value of your claim, capitalizing on your immediate financial need and lack of knowledge about the long-term extent of your injuries and damages.
How a Lawyer Counters It: An experienced Nebraska car accident attorney will immediately recognize this tactic. They will advise you to never accept the first offer, especially not quickly. They understand that the full extent of soft-tissue injuries, concussions, or other trauma may not be apparent for weeks. A lawyer will halt all communication with the adjuster, ensuring you do not say anything to jeopardize your claim. They will methodically calculate the true value of your claim, including all current and future medical expenses, lost wages, pain and suffering, and other damages, building a demand package that reflects the claim’s actual worth.
2. Requesting a Recorded Statement
The adjuster will often insist that providing a recorded statement is a standard requirement to process your claim. They may sound friendly and helpful, framing it as a simple formality. In reality, this is a strategic tool used to lock you into a specific version of events early on. They will ask carefully worded questions designed to elicit answers that can be used later to devalue or deny your claim. For example, they might ask, “And how are you feeling today?” If you respond, “I’m okay,” they may use that to argue your injuries are minor, even if you meant you were having a marginally better day amidst significant pain.
How a Lawyer Counters It: A lawyer will almost always advise you to politely decline to give a recorded statement. There is no legal obligation to provide one to the other driver’s insurance company. If a statement is necessary, your attorney will prepare you extensively beforehand, ensuring you understand the types of tricky questions asked. They will be present during the statement to object to improper questions and guide you, preventing you from inadvertently harming your case. The attorney controls the narrative, not the adjuster.
3. Misinterpreting or Downplaying Nebraska’s Comparative Negligence Law
Nebraska is a modified comparative negligence state (Neb. Rev. Stat. § 25-21,185.09). This means you can recover damages as long as you are not 51% or more at fault for the accident. Your recovery is reduced by your percentage of fault. Adjusters are experts at twisting facts to assign a higher percentage of blame to you than is justified. They might argue you were speeding, failed to look properly, or were slightly over the center line to allege shared fault, drastically reducing the value of their offer.
How a Lawyer Counters It: A skilled attorney will aggressively investigate the accident to prove liability. They will work with accident reconstruction experts, obtain all relevant evidence (police reports, witness statements, traffic camera footage), and build a compelling case that establishes the other driver’s primary fault. They will negate the adjuster’s baseless claims of shared negligence and are prepared to argue this point vehemently during settlement negotiations or at trial.
4. Utilizing Delaying Tactics
Time is not on your side. Adjusters know that as bills pile up and financial pressure mounts, you may become desperate and willing to accept a lower offer. They may delay returning calls, claim they are waiting for a police report or medical records, or say their file is “under review.” This strategy is designed to frustrate you into settling for less.
How a Lawyer Counters It: An attorney understands the legal and procedural timelines and will not be placated by excuses. They manage the client’s expectations regarding the timeline of a claim. Critically, a lawyer initiates a proactive and persistent approach, following up diligently and creating a paper trail of communication. If delays become unreasonable, they can escalate the matter by hinting at or filing a lawsuit, which immediately shifts the dynamics and forces the insurance company to engage seriously.
5. Disputing the Severity of Your Injuries or Their Causation
Adjusters frequently argue that your injuries are not as serious as claimed or were not directly caused by the car accident. They may scour your medical history for any pre-existing conditions in the same area of the body (e.g., a prior back injury) and argue the current pain is merely an aggravation of an old problem, warranting less compensation. They might also claim that a gap in treatment indicates you were healed or that your injuries resulted from a subsequent event.
How a Lawyer Counters It: This is where a lawyer’s ability to gather and present medical evidence is paramount. They will obtain a complete set of your medical records and bills and work closely with your treating physicians to obtain detailed reports that clearly link your injuries to the accident. Your attorney may engage independent medical experts to provide testimony on causation and the future impact of your injuries, creating an irrefutable medical narrative that the adjuster cannot reasonably dispute.
6. Requiring Excessive Documentation and Authorization
The adjuster may bury you in requests for documentation, including signed authorizations for broad access to your entire medical, employment, and even social media history. While some information is necessary, these blanket authorizations are a fishing expedition for information to use against you. For instance, they might use a photo of you smiling at a family gathering weeks after the accident to argue you are not truly suffering.
How a Lawyer Counters It: Your attorney acts as a shield. All communication and requests for information are funneled through them. They will provide the specific documentation needed to prove your claim—such as relevant medical records and wage loss verification—but will vehemently oppose overly broad or irrelevant requests. They protect your privacy and ensure the insurance company only receives information directly pertinent to the claim.
7. Offering a Final, “Take-It-or-Leave-It” Offer
As negotiations progress, the adjuster may present what they call their “final” offer, often implying that if you reject it, you will get nothing at all. This is a high-pressure tactic designed to make you fear losing the guaranteed money on the table.
How a Lawyer Counters It: A lawyer knows the true value of your case and is not intimidated by bluffing. They can assess whether the offer is reasonable based on the evidence. If it is not, they are fully prepared to reject it and file a lawsuit. The threat of litigation is a powerful tool; once a lawsuit is filed, the case moves into a different legal arena where the insurance company’s exposure increases, often motivating them to offer a more substantial settlement to avoid a public trial and potential jury verdict.
The Strategic Advantage of Legal Representation
The overarching theme in countering every insurance adjuster tactic is the application of legal knowledge, strategic negotiation skill, and the willingness to pursue litigation. A lawyer fundamentally changes the balance of power.
- Knowledge of Law and Procedure: Attorneys understand Nebraska’s specific statutes, case law, and the rules of evidence and civil procedure. They know the deadlines (statutes of limitations) and the legal standards required to prove a case.
- Resource and Network Access: Lawyers have resources unavailable to individuals. They can hire expert witnesses, such as accident reconstructionists, medical specialists, and economists, to strengthen your claim.
- Negotiation from a Position of Strength: An adjuster negotiates differently with an unrepresented individual than with a seasoned trial attorney. The lawyer signals that you are serious, informed, and prepared to go to court if necessary. This often leads to negotiations starting at a much higher value.
- Handling the Burden: A car accident claim is a significant burden while you are trying to recover. An attorney handles all the complex, time-consuming, and stressful work, allowing you to focus on your health and well-being.
The presence of competent legal counsel forces the insurance adjuster to abandon tactics that prey on vulnerability and instead engage in a fair, evidence-based evaluation of your claim. It ensures that your rights are protected and that you pursue the full and fair compensation afforded under Nebraska law.
