08/29/2023
Handling Claims: Navigating Insured Representatives Successfully
In the intricate world of insurance claims, effective communication with insured representatives such as attorneys and public adjusters is a cornerstone of successful management. These professionals are central figures in the claims process, advocating for the policyholder and negotiating settlements. However, interactions with them can become challenging due to their expert understanding of policy language and the claims process. Poor communication with these representatives can lead to misunderstandings, delay the settlement process, and even escalate into disputes and litigation. This article aims to provide tips and advice on managing these interactions efficiently and effectively, drawing on lessons learned from years of experience in the field.
They’re NOT All Bad Actors
Understand Their Role:
Firstly, it's crucial to understand the role of insured representatives. They are there to advocate for the insured and will strive to secure the best possible outcome for their client. Recognizing this can help you approach interactions with a clearer perspective and respect for their professional duty. Attorneys and public adjusters play a critical role in the insurance claims process. These professionals are equipped with the knowledge and expertise to interpret policy language, understand the claim process, and negotiate with insurers on behalf of the insured. They are legally authorized to represent the insured's interests, which includes disputing claim denials, negotiating settlements, and even filing lawsuits on the insured’s behalf if necessary.
Benefits of Insured Representation (YES; there are benefits!):
When an insured is represented by an attorney or public adjuster, they can benefit from expert advice and guidance. These professionals can help the insured understand their policy's complexities, including coverage limits, exclusions, and conditions. They can also ensure the insured doesn't inadvertently waive any rights during the claim process. Moreover, having a professional advocate can lead to better settlement outcomes for both parties, as they can effectively negotiate with insurers to fine tune the payout.
Understand and AcknowledgeTheir Claims Expertise:
While not true of every public adjuster or plaintiff’s attorney, the vast majority of these professionals are honest guys and gals, and they by-and-large have a ton of certifications, designations and experience in the insurance claims industry.
THEY’RE NOT DUMB, and most of them are NOT unreasonable!:
Many have been, or are contractors, or have contractors on staff to assist them in preparing their estimates for repair. Expert contacts are a major part of their professional networks, and they should be a major part of your network as well. These practitioners have working relationships with structural engineers, forensic meteorologists, geologists, civil engineers and other industry experts.
Working with these representatives to choose a mutually agreeable expert, should it be necessary to employee such an expert, can save both time and money for all involved. It is very difficult to argue with an opinion of an expert that both parties had a hand in helping to choose. If the expert is agreed to by both parties, neither party can really argue that the expert is invalid or biased. This also helps in keeping the expert unbiased as he or she is not employed by just one party to the claim.
If the two parties can agree on experts at this stage of the game, then you can possibly avoid your appraiser having to agree on an umpire later because you can probably avoid appraisal and/or litigation all together. This also goes to protecting your fiduciary responsibility to your employer. Part of your duty to your employer is protecting their financial interests by not spending money unnecessarily on appraisals and litigation. That is what you should be trying to avoid.
It shouldn’t take a court or appraisal panel to get to a fair settlement value if this is handled properly and with professionalism at this level in the claim. Escalation can be totally avoided with just a little compromise here.
Keys to Successful Claims Management with a Represented Insured
Clear and Concise Communication:
One common mistake in dealing with insured representatives is not being clear and straightforward in your communication. Avoid using jargon and company-specific terms that could complicate the conversation. Instead, aim to express your points clearly and concisely with industry standard terminology. This not only fosters understanding, but it also minimizes the chances of miscommunication. Do not use ten words when five will do.
Be Proactive and Prompt:
Being proactive and prompt in your communication is another essential aspect. Don't wait for the representative to reach out to you; instead, take the initiative to keep them informed about the status of the claim, any issues that arise, and the steps you're taking to resolve them. If you receive an email or voicemail from one of these professionals, be a professional and return it as soon as possible. “I don’t have an answer, but I will get one and get back to you within 24 hours” is a great response if you’re new to the adjuster world, and you need to consult with a senior adjuster or manager on a response or next steps. These professionals are more than willing to accept that answer, but they, like you, do not like not hearing anything for days and weeks.
Be cognizant of your state statutes regarding communication. The best way to give away leverage or set yourself and your company up for a bad faith claim is to fail to meet statutory communication and settlement deadlines. The Devil is in the details when it comes to prompt communication. Make certain that communication is accurate and prompt.
Document Everything:
Given the potential for disputes in the claims process, it's vital to document all interactions with insured representatives. This includes phone calls, emails, and meetings. Having a record of all communications can provide valuable evidence if a disagreement arises about what was said or agreed upon. Record all phone communications, if possible, and copy them to the claim file, copy all emails to the claim file and make sure all letters and mailings are also copied to the claim file, including any signature receipts from registered letters and mailings. If it’s not in the claim file it didn’t happen. Make sure that you follow up every phone conversation with an email outlining and confirming what was communicated during the phone call. In the event that you are in the field and cannot record calls on your cell phone, this email follow-up is critical.
Stay Professional:
Lastly, always maintain professionalism in your interactions. Even if discussions become heated or contentious, it's important to stay calm and composed. Remember, IT’S NOT PERSONAL - everyone involved is simply doing their job to the best of their ability. You are usually dealing with huge losses when insured representatives are involved. The insured’s emotions are high, and those emotions can rub off on their representatives. Do not make any comment regarding the representative's attitude, professional demeanor, etc. Stay in your conversation; do NOT get drug into theirs if they take an unprofessional tone. Redirect the conversation back to the matter at hand.
Remember that it is not what you say most of the time, it’s how you say it. A little humor and a lot of humility go a very long way with people.
“Hey Bob, we are denying this claim” will get a totally different response than, “Hey Bob, I have reviewed this claim, and I am not finding coverage anywhere in the policy. Can you give me your take on coverage so I can be sure I am not missing something.”
“Hey Bob, that’s just stupid” will get a totally different response than, “Hey Bob, I am having difficulty following your train of thought, can you break it down for me a little bit?”
“Hey Bob, get your head out of the clouds” will get a totally different response than, “Hey Bob, I’ve gone over these damages several times trying to sort out where these numbers were derived from. Can you give me a call, and we can go over them together; so, I can get an idea of how you arrived at your final estimate numbers?”
“Hey Insured, your representative never submitted their docs” will get a totally different response than, “Hey Insured, I don’t see where I’ve received anything from your representative, Bob. Let me give Bob a call and make sure I didn’t miss them or overlook them somewhere. I just want to make sure I have all of the information before I can nail down next steps.”
Final Thoughts:
While being professional and working with insured representation can yield better outcomes for policyholders and carriers, it can also introduce additional challenges for staff and independent adjusters. Thus, adjusters need to navigate these situations carefully, ensuring they adhere to all legal requirements while also protecting the carrier’s interests and the insured's interests. It's a delicate balancing act, but with the right approach, adjusters can successfully manage these complex claims. Effective communication with insured representatives is a blend of understanding, clarity, proactivity, documentation, and professionalism. By mastering these aspects, you can navigate the complexities of the claims process more smoothly, minimize disputes, and foster better relationships with these key stakeholders.
Remember the 3 P's: Prompt, Per the Policy, Professional!
Bill Simmons, AIC, CPI, CCI, CASA is the owner of L2 Insurance Consulting LLC, and he is an industry recognized expert relating to insurance claims and claim related damage. Bill has worked in every aspect of insurance claims from automobile liability and subrogation to property claim specialist, and he has worked both aspects of insurance claims, for carriers as a staff adjuster and as an independent adjuster. Bill also serves as an expert witness in the insurance claim legal process. Bill lives in Panama City, FL with his wife, Amanda and their two sons, Layton and Lucas.