Understanding the Role and Goals of the Insurance Adjuster
It is crucial to first recognize that an insurance adjuster is not a neutral party. They are a professional employed by the insurance company, and their primary duty is to protect the financial interests of their employer. Their performance is often evaluated based on how efficiently they close claims and the average payout amount. While many adjusters are ethical and personable, their job is fundamentally to minimize the company’s liability. They achieve this by thoroughly investigating claims, identifying potential contributing negligence by the claimant, and offering swift, low settlements before a claimant understands the full value of their case or consults with an attorney.
Tactic 1: The Quick, Low Settlement Offer
One of the most common and effective tactics is the immediate settlement offer. Shortly after an accident, while you are still dealing with physical pain, vehicle damage, and life disruptions, an adjuster may contact you with a seemingly fair and speedy offer. This offer is almost always significantly lower than the true value of your claim. It is designed to capitalize on your financial stress and desire to move on quickly. The adjuster knows that once you accept a settlement, you sign a release waiving your right to any future compensation, even if hidden injuries like soft tissue damage or whiplash manifest later.
How a Lawyer Counters This Tactic
A personal injury lawyer will immediately advise you to not accept any early offer without a full medical evaluation. They understand that the true cost of an accident includes future medical treatments, ongoing pain and suffering, and potential lost earning capacity. Your attorney will methodically calculate all current and future damages, building a comprehensive demand package that justifies a much higher settlement. They handle all communication, shielding you from the pressure tactics and allowing the legal process to unfold on a timeline that benefits your recovery and case strength.
Tactic 2: Downplaying Injuries and Claiming Pre-Existing Conditions
Adjusters are trained to scrutinize medical records for any gap in treatment or history of a prior similar injury. They will aggressively argue that your current neck pain, for instance, is not from the recent crash but is merely a flare-up of an “old injury” or a pre-existing condition. They use any delay in seeking treatment or any lapse in continuous care as “proof” that your injuries are not severe or were not caused by the collision. This tactic, often called “causation defense,” is used to drastically reduce the value of your pain and suffering claim.
How a Lawyer Counters This Tactic
An experienced attorney anticipates this argument and proactively neutralizes it. They will obtain your complete medical history to understand the baseline of your health before the accident. They then work with your treating physicians to obtain a detailed medical opinion that clearly distinguishes between pre-existing conditions and the new, distinct injuries caused by the trauma of the crash. A lawyer can demonstrate an “aggravation” of a pre-existing condition, which under Nebraska law, still makes the at-fault party liable for the resulting damages. They effectively reframe the narrative from “this is an old problem” to “the accident made a pre-existing condition significantly worse.”
Tactic 3: Recording Statements to Use Against You
Early on, a friendly adjuster may request a “recorded statement” to “better understand what happened.” They assure you it is a standard procedure. In reality, this is a strategic tool to lock you into a version of events before you have fully recalled the details or consulted counsel. They will ask seemingly innocent questions designed to elicit answers that can be misconstrued to imply fault or minimize your injuries. For example, asking “How are you feeling today?” might be met with a polite “I’m okay,” which they will later use to argue your injuries are minor.
How a Lawyer Counters This Tactic
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 party’s insurance company. If a statement is necessary (e.g., for your own insurance company under a policy clause), your attorney will prepare you extensively beforehand. They will sit with you during the statement to object to improper questions and ensure you do not volunteer unnecessary information that could be twisted to harm your case. They control the flow of information, preventing the adjuster from obtaining damaging sound bites.
Tactic 4: Shifting Blame and Arguing Comparative Negligence
Nebraska is a comparative negligence state (§25-21,185). This means if you are found partially at fault for the accident, your financial recovery is reduced by your percentage of fault. Adjusters are adept at investigating to find any possible action you took that could be construed as contributing to the accident—from following too closely to failing to signal for a full two seconds. They will aggressively push this theory to reduce the settlement value, sometimes even arguing you were the majority at fault to pressure you into accepting a lowball offer.
How a Lawyer Counters This Tactic
Your attorney will conduct an independent investigation far more thorough than the adjuster’s. This includes obtaining police reports, interviewing neutral witnesses, analyzing traffic camera footage, and working with accident reconstruction experts if necessary. They gather all evidence to prove the other driver’s clear liability and build a strong case to rebut any allegations of shared fault. They are skilled negotiators who understand how to defend against comparative negligence claims, ensuring the blame is assigned accurately and your recovery is maximized under the law.
Tactic 5: Demanding Excessive Documentation and Dragging Out the Process
Adjusters may employ a strategy of attrition. They bombard you with requests for endless documentation—every medical bill, years of tax returns, proof of every hour of work missed, and authorizations to access vast amounts of personal information. The goal is to overwhelm you, make the process so frustrating that you eventually give in and accept a lower offer just to end the hassle. The prolonged delay also works in their favor, as witnesses’ memories fade and your financial pressures mount.
How a Lawyer Counters This Tactic
When you hire an attorney, their office takes on the entire administrative burden. They have paralegals and legal assistants skilled at organizing, cataloging, and submitting all required documentation in a clear and professional manner. They manage the timeline and are not emotionally pressured by delays. Furthermore, a lawyer can impose deadlines and leverage the threat of litigation to force the adjuster to engage in good-faith negotiations. They understand the procedural rules and use them to your advantage, turning the tables on the insurance company’s delay tactics.
Tactic 6: Misinterpreting Nebraska’s Statute of Limitations
Nebraska has a strict statute of limitations for personal injury claims (§25-207), generally four years from the date of the accident for most claims. An unscrupulous adjuster might intentionally drag out negotiations until the statute window is dangerously close to closing, hoping you will miss the deadline and forfeit your right to sue entirely. In some cases, they may even misstate the law to convince you that you have more or less time than you actually do.
How a Lawyer Counters This Tactic
A paramount reason to hire an attorney early is to protect your claim from missing critical deadlines. Your lawyer calendared the statute of limitations from day one. They ensure all paperwork is filed correctly and on time. The adjuster is aware that once a lawyer is involved, the tactic of running out the clock becomes无效. The attorney’s readiness to file a lawsuit before the deadline forces the insurance company to negotiate seriously or face the higher costs and risks of litigation.
Tactic 7: The “Final” Offer and Bad Faith Negotiations
Adjusters will often present a take-it-or-leave-it “final offer” that is still well below the claim’s value. They may claim their authority is limited or that their evaluation is non-negotiable. This is a high-pressure tactic designed to make you fear getting nothing at all if you reject it. They bank on your lack of legal knowledge and fear of the courtroom to force acceptance.
How a Lawyer Counters This Tactic
An experienced lawyer recognizes this as a standard bluff. They know the adjuster almost always has authority to go higher and that the “final offer” is rarely final. Your attorney will respond with a compelling counter-demand, backed by irrefutable evidence and legal precedent. They confidently communicate your readiness to file a lawsuit and take the case to a jury. This shifts tremendous leverage to your side, as insurance companies want to avoid the expense and unpredictability of a trial. The lawyer’s negotiation skills and litigation threat are the ultimate counters to this high-pressure tactic.
