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How to handle liability claims



The following is adapted from the new second edition of the Compact Book of Adjusting Liability Claims which will soon be available on Amazon.com.

Adjustment of liability insurance requirements requires skill, patience, knowledge of insurance, basic knowledge of damages law and contract law, as well as knowledge and experience as investigators. The Force Adjuster faces the following basic obligations:

  1. To understand the law of tort that is applied in the country where the adjuster works.
  2. To understand the law of contract applied in the country where the adjustor works.
  3. To understand sufficient medical terminology to be able to evaluate claims.
  4. To understand the costs of repairing or replacing damaged real or personal property.
  5. To understand how to read and apply the terms of a liability insurance.
  6. To understand how to thoroughly examine all claims assigned.
  7. To carry out an investigation of every claim that has been awarded fairly and in good faith with the intention of finding coverage for the insured's loss.
  8. To understand how to analyze the insurance cover and apply the facts as determined by the adjuster's thorough investigation into the policy formulation.
  9. To be able to negotiate with applicants and attorneys for solving damages damages or damages.
  10. Immediately pay all claims owed by the insurer under the contract.
  11. In order to withstand and not pay, all claims apply to the insurer not owed according to the insurance contract.

In the United States, the average adjuster is a 22-year-old female graduate from a liberal arts college who has little or no education enough to enable her to meet the obligations imposed on her as an insurer representative. Some modern insurance companies simply host a person as an adjuster, provide no training, and send them out to manage the public using a supervisor who can only have two years of experience.

This compact book on adaptation of liability requirements ̵

1; second edition is designed to provide the new adjustment with a basic foundation on what is needed to become a competent and effective insurance adjuster. It also serves as an update for the experienced adjuster.

The responsibility force teacher quickly learns that there is little difficulty with an applicant (the person claiming bodily injury or property damage against an insured person) if the claim is paid as required. The insured may be unhappy if the claimant's claim is paid as presented because most people do not think they were doing anything wrong or fearing an increase in premiums for later policies.

The adjuster must be prepared to anoint the insured's feelings, explain why in the law and the policy it was appropriate to pay the creditor and that the settlement is in the best interest of both the insured and the insurer the representative represents.

The adjuster knows and must be prepared to explain to an insured that if a claim is opposed or denied, the plaintiff will be unhappy and will probably fit. If not settled immediately, the plaintiff's lawyers will claim the insured over the coal to prove that the insured is responsible for the damage. The disputes take time, effort and money to determine the extent of the damage and who is responsible for the damage. Failure to settle immediately may cost the insured his or her reputation, his or her time in deposit and assist the defense consultant and will surely cost the insurer much more than the claim could have been resolved for if it had been resolved before the plaintiff retained a lawyer

The adjuster must also understand that the investigation can determine that the insured is not responsible for the damaged injuries.

Since most people prefer not to be deposited by an applicant's lawyer or would they want to be examined during a trial, it is the task of the adjuster to explain to the insured the insured's responsibility to help defend the possible trial. The obligation to settle is not unlimited. It is also the duty of the adjuster to prevent an applicant from using the insured and the insured insurer in the investigation that the insured is not liable for the damages claimed by the applicant.

The liability officer must also be knowledgeable about the fact that many liability claims are included in fraudulent systems used by the unscrupulous to benefit from false accidents and injuries.

The best estimates the insurance industry has established are that insurance fraud takes over $ 80 billion and up to $ 300 billion from the industry every year.

  • The adjuster is minimally trained.
  • The adjuster is either unable or unwilling to perform a thorough investigation.
  • The adjuster is so inexperienced that he or she does not know how to investigate.
  • The adjuster cannot read a policy with understanding because
  • He or she has not been trained.
  • He or she has been trained inadequately.
  • He or she has no legal education and does not know the rules for contract interpretation.
  • The fraudster is intelligent, not greedy and knowledgeable.
  • The insurer does not want to fight because legal costs to fight a fraud exceed the value of the claim.
  • The adjuster does not recognize the fraud.
  • Police authorities refuse to investigate, even less, prosecution of insurance fraud.
  • A thorough investigation of a claim must cover the obligation that the regulator owes to the insured and the insurer. A thorough liability survey enables the insurer to adjust all the promises made by the policy.

    The claim for damages claim should never be limited to "keeping the plaintiff down to what he asks" or just giving a blank check to creditors. The obligation of adjustment responsibility is to manage in good faith the insured, the creditor and the insurer.


    © 2019 – Barry Zalma

    This article and all the blog posts on this page melt and summarize cases published by the courts of the various states and the United States. The court decisions have been modified from the actual language of the court decisions, condensed to facilitate reading and convey the author's views in each individual case.

    Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance management, bad faith assurance, and insurance fraud nearly equal for insurers and policyholders. He also serves as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance cover and law firm and more than 50 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

    Mr. Zalma is the first recipient of the first annual liability magazine / ACE Legend Award.

    Over the past 51 years, Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims to become insurance managers.

    Easter is one of the many holidays that Jews celebrate to help them remember G_d's importance in their lives. We see the animals, the oceans, the rivers,  Easter ducks for Americans: All English - easy to perform - Easter Seder at [Zalma, Thea, Zalma, Barry] mountains, the rain, the sun, the planets, the stars and the people and wondering how did all these wonderful things come?

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