Long ago, the carriers decreed that there would be adjusters, and their treatment would be anything but just. Pilloried, demeaned, and occasionally demoted from above. Snapped at and sneered at by lawyers and those civilians unfortunate enough to have to deal with them directly. It’s a thankless job. “When I grow up, I want to be an unappreciated claims adjuster,” said no one, ever. But perhaps it’s time to write down claims presentation commitments to live by, in order to civilize, expedite, and maybe, just maybe, humanize the process.
10 Commitments to Adjusters
- Cultivate Professionalism: Acknowledge that mutual respect is fundamental to effective claims resolution. Refrain from responding to difficult interactions with further antagonism.
- Initiate Clear Communication: Begin the claims process with a direct introduction, establishing a clear line of communication.
- Provide Comprehensive Documentation: Facilitate efficient review by delivering all relevant documentation (police reports, medical records, etc.) at the earliest opportunity.
- Ensure Organized Presentation: Submit well-organized documentation, such as medical records in chronological order and itemized billing statements, to streamline the evaluation process.
- Disclose Pertinent History: Proactively furnish pre-incident medical records to provide a complete understanding of the claimant’s condition.
- Maintain Accountability: Acknowledge and promptly address any lapses in professional conduct in communications.
- Deliver Timely Updates: Provide adjusters with updated records and billing information without requiring specific requests, ensuring a current file.
- Facilitate Informed Evaluation: Submit demands promptly upon compilation of all necessary information and offer supplemental information as needed, including opportunities for pre-litigation medical examinations or client meetings.
- Explore Alternative Resolution: When settlement authority is a challenge, offer to participate in pre-litigation mediation to assist in achieving a resolution.
- Direct Communication Appropriately: When communicating claim handling concerns to the insured, focus on the carrier’sactions and avoid personalizing criticisms of the adjuster.
Everyone here is committed to successfully resolve our clients’ claims, and to do so civilly and ethically. Should you ever feel any one of us has cut corners or been out of line, know that we take these commitments very seriously and I personally want to know about your concerns. That’s why every introductory letter has my mobile phone number. We may not become best friends throughout the process. But if we’ve done our job properly, you’ll appreciate our commitment, our candid evaluation, and the respect we showed you during the process. Our approach doesn’t change when the case shifts into litigation, and every commitment we make to adjusters extends equally to defense counsel as well.
Regardless of religious beliefs, our delicate dance was masterfully put in A Lawyer’s Prayer to St. Thomas More: “…so that today I shall not, to win a point, lose my soul.” Words to live by.
A version of this article originally appeared in Plaintiff magazine, where Miles has written his monthly Back Story column for almost 15 years. Interested in Plaintiff and its coverage? Read more at plaintiffmagazine.com.
Coopers LLP helps seriously injured people and accepts referrals and co-counsel opportunities from lawyers. We excel in strategizing. Have a matter you’d like to brainstorm? Contact us at (415) 434-2111 or info@coopers.law.
Coopers LLP has lawyers licensed in California, Oregon, and Washington State, and can affiliate with local counsel on matters where Coopers can make the difference.