How to Handle Insurance Adjusters at Crum & Forster Specialty Insurance for Personal Injury Claims: Expert Tips and Legal Advice

Common Tactics Employed by Crum & Forster Insurance Adjusters

Understanding the Role of Insurance Adjusters

Insurance adjusters are tasked with investigating claims and determining the extent of the insurer’s liability. While they may appear to be on your side, their primary responsibility is to protect the interests of the insurance company. This often means minimizing the payout on claims to save money for their employer.

Common Tactics Used by Insurance Adjusters

1. Denying Liability

• Disputing  Fault: Adjusters may argue that their insured is not at fault or that you share a significant portion of the blame.
• Questioning Evidence: They might question the validity of your evidence or the credibility of your witnesses to cast doubt on your claim

2. Lowball Settlement Offers

• Initial Low Offers: It’s common for adjusters to make an initial low settlement offer in hopes that you’ll accept it out of desperation or a lack of understanding of your claim’s value.
• Downplaying Injuries: Adjusters may downplay the severity of your injuries or argue that some of your medical treatments were unnecessary.

Crum & Forster Specialty Insurance, Superior Grocers, and DoorDash Inc.

Crum & Forster Specialty Insurance often serves as the insurer or third-party administrator (TPA) for large entities like Superior Grocers and DoorDash Inc. When an accident occurs on the premises of Superior Grocers or involves a DoorDash driver, Crum & Forster’s adjusters are responsible for handling the resulting claims. These claims can be particularly challenging due to the complex nature of corporate insurance policies and the tactics employed by adjusters to protect their clients’ interests.

The Importance of Contacting an Attorney to Demand Preservation of Evidence

One of the critical steps in dealing with personal injury claims, especially those involving large corporations like Superior Grocers or DoorDash Inc., is ensuring the preservation of evidence. Contacting an attorney early in the process can significantly impact the outcome of your claim. Here’s why:

1. Preservation of Surveillance Footage

• Stores like Superior Grocers have surveillance cameras that may have captured the incident. Similarly, DoorDash may have GPS and other data related to the accident. This evidence is crucial in proving liability. However, surveillance videos and data are often overwritten or deleted after a short period unless there is a specific request to preserve them.

2. Securing Incident Reports and Witness Statements

• Prompt action by an attorney can help secure incident reports and witness statements that may otherwise be lost or forgotten over time.

3. Preventing  Spoliation of Evidence

• By sending a formal letter of spoliation to the insurer and the insured, an attorney can demand that all relevant evidence be preserved. Spoliation of evidence, or the destruction of evidence, can severely hamper your claim and may lead to legal repercussions for the party responsible.

Statutory Authority and Case Law

1. California Insurance Code § 790.03(h) – This section outlines unfair claims settlement practices, including misrepresenting pertinent facts or policy provisions, failing to acknowledge and act promptly upon communications, and not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
2. California Civil Code § 3333 – This section provides for the measure of damages in tort actions, ensuring that injured parties are compensated for the full extent of their losses.
3. Case Law: Egan v. Mutual of Omaha Ins. Co., 24 Cal. 3d 809 (1979) – This landmark case establishes the insurer’s duty of good faith and fair dealing, emphasizing that insurers must act reasonably and in good faith in handling claims to avoid bad faith litigation.
4. Case Law: Moradi-Shalal v. Fireman’s Fund Ins. Companies, 46 Cal. 3d 287 (1988) – This case reinforces the concept that insurers can be held liable for bad faith practices and underscores the importance of fair claim settlement practices.

Strategies for Dealing with Insurance Adjusters

1. Be Prepared and Informed

• Know Your Rights: Understand your rights under your insurance policy and state laws. Being informed is your first line of defense.
• Document Everything: Keep meticulous records of all communications, medical treatments, expenses, and any evidence related to the accident

2. Communicate Effectively

• Stay Calm and Polite: Maintain a professional demeanor in all interactions. Avoid giving statements that could be used against you.
• Limit Your Communication: Provide only necessary information. Do not speculate about the accident or your injuries.

3. Understand the Value of Your Claim

• Assess All Damages: Calculate the full extent of your economic (medical bills, lost wages) and non-economic damages (pain and suffering).
• Consult Professionals: Seek medical and legal advice to get a clear understanding of your claim’s worth.

4. Negotiate Assertively

• Reject Low Offers: Politely but firmly reject any offer that doesn’t cover your damages adequately. Provide a counteroffer based on documented evidence.
• Use Leverage: If the adjuster is uncooperative, mention your willingness to escalate the claim or consult an attorney.

5. Know When to Get Legal Help

• Consult an Attorney: If negotiations stall or you’re facing unfair tactics, consulting a personal injury attorney can significantly improve your chances of a fair settlement.
• Leverage Legal Expertise: Attorneys understand the intricacies of insurance law and can advocate effectively on your behalf.

For setting up new claims or reaching an adjuster at Crum & Forster Specialty Insurance, you can contact them directly at:

Crum & Forster Specialty Insurance
Phone: (800) 690-5520
Email: claims@cfins.com
Website: Crum &Forster