The Paralegal Should Keep The Insurance Adjuster Informed.

Insurance adjusters handle a high volume of claims daily, making consistent communication from paralegals invaluable for efficient case management and successful claim resolution. Keeping the insurance adjuster informed is a cornerstone of effective paralegal work in any personal injury or insurance claim scenario.

The Vital Role of Communication: Paralegals and Insurance Adjusters

A paralegal acts as a crucial bridge between the attorney, the client, and external parties like insurance adjusters. They gather information, prepare documents, and facilitate communication to ensure the attorney has everything needed to build a strong case. For insurance adjusters, paralegals represent a reliable and organized point of contact. They streamline the flow of information, saving the adjuster time and effort.

Why is this consistent communication so important? Several factors contribute:

• Efficiency: An informed adjuster is an efficient adjuster. When paralegals proactively provide updates, documentation, and relevant information, the adjuster can process the claim more quickly and accurately.
• Negotiation Power: The more the adjuster knows about the case's strengths, the better positioned the attorney is to negotiate a favorable settlement for the client.
• Building Rapport: Consistent and professional communication fosters a positive working relationship between the paralegal and the adjuster, leading to more open dialogue and potentially better outcomes.
• Preventing Delays: Failing to keep the adjuster informed can lead to misunderstandings, requests for additional information, and ultimately, delays in the claims process.
• Ethical Considerations: As part of the legal team, the paralegal has a responsibility to act ethically and transparently. Keeping the adjuster informed contributes to this ethical obligation.

What Information Should a Paralegal Share with the Insurance Adjuster?

Determining what information to share is critical. Paralegals should provide adjusters with comprehensive, relevant details while remaining professional and avoiding unnecessary disclosures. Here's a breakdown of the key information categories:

1. Initial Claim Information

• Client Contact Details: Provide the client's full name, address, phone number, and email address.
• Policy Information: Share the relevant insurance policy number and the name of the insured.
• Date and Location of Loss: Specify the date, time, and location where the incident occurred that led to the claim.
• Brief Description of the Incident: Offer a concise overview of what happened, including the type of loss or injury sustained.
• Representation Letter: Officially notify the adjuster that the attorney and paralegal are representing the claimant.
• Photographs: Include any relevant photographs of the accident scene, vehicle damage, or visible injuries.

2. Medical Information

• Medical Records: Obtain and provide copies of all relevant medical records, including doctor's notes, hospital reports, and diagnostic test results. HIPAA compliance is essential.
• Medical Bills: Compile and submit all medical bills related to the injury or loss.
• Future Medical Needs: If the client requires ongoing medical treatment, provide documentation outlining the anticipated future medical expenses.
• Independent Medical Examinations (IMEs): If the adjuster schedules an IME, provide the client with all necessary information and documentation. Follow up to obtain the IME report once it becomes available.

3. Loss of Income Documentation

• Wage Statements: Gather and submit wage statements, pay stubs, or tax returns to document the client's lost income.
• Letter from Employer: Obtain a letter from the client's employer confirming their employment history, salary, and time off due to the injury.
• Self-Employment Records: If the client is self-employed, provide documentation such as profit and loss statements, tax returns, and invoices to demonstrate their lost income.

4. Property Damage Information

• Repair Estimates: Obtain and submit multiple repair estimates for damaged property.
• Photographs/Videos: Include photographs or videos documenting the extent of the property damage.
• Total Loss Documentation: If the property is a total loss, provide documentation supporting its fair market value, such as appraisals or comparable sales data.
• Police Report: Obtain and submit a copy of the police report, if applicable.

5. Witness Statements

• Written Statements: Obtain written statements from any witnesses to the incident.
• Contact Information: Provide the adjuster with the witnesses' contact information, if they are willing to be contacted.
• Transcripts: If depositions have been taken, share relevant excerpts with the adjuster.

6. Settlement Demands

• Demand Letter: A formal settlement demand should clearly outline the facts of the case, the damages sustained by the client, and the amount of compensation being sought.
• Supporting Documentation: Include all relevant supporting documentation, such as medical records, bills, and wage statements, to justify the settlement demand.
• Negotiation: Engage in open and honest negotiation with the adjuster to reach a fair settlement.

7. Updates and Changes

• Changes in Medical Treatment: If the client's medical treatment changes (e.g., new doctors, different therapies), promptly inform the adjuster.
• New Evidence: If new evidence emerges (e.g., additional witnesses, previously unknown medical conditions), immediately provide it to the adjuster.
• Changes in Legal Strategy: If the legal strategy shifts significantly, update the adjuster accordingly.
• Change in Contact Information: Keep the adjuster updated of any changes to the attorney's or client's contact information.

Methods of Communication: Choosing the Right Approach

The method of communication can be just as important as the information being conveyed. Different situations call for different approaches. Paralegals should be proficient in various communication methods and choose the most appropriate one based on the urgency and complexity of the matter. Here's a breakdown:

• Email: Email is suitable for routine updates, document submissions, and general correspondence. It provides a written record of communication and allows for detailed explanations.
• Phone Calls: Phone calls are ideal for urgent matters, clarifying complex issues, and building rapport. They allow for real-time conversation and immediate feedback.
• Letters: Letters are best for formal correspondence, such as sending official notices or documenting important agreements. Certified mail provides proof of delivery.
• Fax: While less common than other methods, fax may still be necessary for certain documents or when requested by the adjuster.
• In-Person Meetings: In-person meetings can be beneficial for complex negotiations or when building a strong relationship with the adjuster is crucial.
• Online Portals: Some insurance companies offer online portals where documents can be uploaded and communication can be exchanged securely.

Regardless of the method used, all communication should be professional, courteous, and concise. Paralegals should always proofread their written communication carefully and be prepared to answer questions clearly and accurately during phone calls or meetings.

Best Practices for Keeping the Insurance Adjuster Informed

Consistent communication is not just about sending information; it's about sending the right information, at the right time, in the right way. To ensure effective communication, paralegals should adhere to the following best practices:

1. Establish Clear Communication Protocols: At the outset of the case, establish clear communication protocols with the adjuster. Discuss preferred methods of communication, frequency of updates, and deadlines for submitting information.
2. Maintain a Communication Log: Keep a detailed log of all communication with the adjuster, including dates, times, methods of communication, and summaries of the conversations. This log can be invaluable for tracking progress and resolving disputes.
3. Be Proactive: Don't wait for the adjuster to request information. Anticipate their needs and proactively provide updates and documentation.
4. Be Organized: Maintain a well-organized file system for all case-related documents. This will make it easier to locate and provide information to the adjuster promptly.
5. Be Responsive: Respond to the adjuster's inquiries promptly and professionally. Even if you don't have all the answers immediately, acknowledge their request and provide an estimated timeframe for a response.
6. Be Accurate: Double-check all information before providing it to the adjuster. Inaccurate information can lead to delays and misunderstandings.
7. Be Honest: Always be honest and transparent in your communication with the adjuster. Avoid exaggerating or misrepresenting the facts of the case.
8. Follow Up: After sending information to the adjuster, follow up to ensure they received it and have no questions.
9. Document Everything: Document all communication with the adjuster in writing, whether it's through email, letters, or notes from phone calls.
10. Escalate Issues: If you encounter any problems communicating with the adjuster, escalate the issue to the supervising attorney promptly.

Potential Pitfalls to Avoid

While consistent communication is crucial, there are potential pitfalls that paralegals should be aware of and avoid:

• Providing Too Much Information: While it's important to be thorough, avoid overwhelming the adjuster with irrelevant or unnecessary information. Focus on providing the essential details that are needed to process the claim.
• Sharing Confidential Information: Be mindful of client confidentiality and avoid sharing any information that is protected by attorney-client privilege.
• Engaging in Argumentative Communication: Maintain a professional and respectful tone in all communication with the adjuster. Avoid engaging in argumentative or confrontational behavior.
• Making Promises You Can't Keep: Be realistic about what you can deliver and avoid making promises that you can't keep.
• Failing to Document Communication: As mentioned earlier, documenting all communication is essential. Failing to do so can lead to misunderstandings and disputes.
• Ignoring Deadlines: Be aware of any deadlines set by the adjuster or the court and make sure to meet them.
• Being Unresponsive: Failing to respond to the adjuster's inquiries promptly can damage your credibility and delay the claims process.
• Assuming Understanding: Don't assume that the adjuster understands the complexities of the case. Clearly explain all relevant information and be prepared to answer questions.

The Legal and Ethical Considerations

Paralegals operate under the supervision of attorneys and must adhere to strict ethical guidelines. When communicating with insurance adjusters, it's essential to be aware of the legal and ethical considerations involved:

• Attorney-Client Privilege: Protect client confidentiality and avoid disclosing any information protected by attorney-client privilege.
• Duty of Candor: Be honest and transparent in all communication with the adjuster. Avoid misrepresenting the facts of the case or making false statements.
• Unauthorized Practice of Law: Paralegals are not authorized to provide legal advice. Avoid giving the adjuster any legal opinions or interpretations.
• Fair Dealing: Treat the adjuster with respect and courtesy. Avoid engaging in any conduct that is dishonest, fraudulent, or deceitful.
• Supervision: Always work under the supervision of a licensed attorney and seek guidance when needed.
• State Bar Rules: Be familiar with the ethical rules and guidelines established by the state bar in your jurisdiction.

How Technology Can Facilitate Communication

Technology plays a vital role in modern legal practice, and paralegals can leverage various tools to enhance communication with insurance adjusters. Here are some examples:

• Case Management Software: Case management software allows paralegals to track all communication with the adjuster, manage documents, and set reminders for follow-up tasks.
• Document Management Systems: Document management systems provide a secure and organized way to store and share case-related documents with the adjuster.
• Email Encryption: Email encryption protects sensitive information from unauthorized access.
• Video Conferencing: Video conferencing allows for face-to-face communication with the adjuster, which can be particularly helpful for complex negotiations.
• Online Portals: As mentioned earlier, some insurance companies offer online portals where documents can be uploaded and communication can be exchanged securely.
• Electronic Signature Software: Electronic signature software allows for documents to be signed and delivered electronically, streamlining the process and saving time.

By embracing technology, paralegals can communicate more efficiently and effectively with insurance adjusters, leading to better outcomes for their clients.

The Long-Term Benefits of Effective Communication

The benefits of effective communication between paralegals and insurance adjusters extend beyond individual cases. Building a reputation for professionalism, responsiveness, and honesty can have a significant impact on a paralegal's career and the success of the law firm they work for.

• Enhanced Reputation: Paralegals who consistently communicate effectively with insurance adjusters develop a reputation for being reliable, organized, and professional.
• Stronger Relationships: Effective communication fosters stronger relationships with insurance adjusters, leading to more open dialogue and potentially better outcomes for clients.
• Increased Efficiency: When paralegals and insurance adjusters communicate effectively, the claims process becomes more efficient, saving time and resources for both parties.
• Improved Client Satisfaction: Clients are more likely to be satisfied with the legal services they receive when they know that their case is being handled efficiently and effectively.
• Career Advancement: Paralegals who demonstrate strong communication skills are more likely to be promoted and advance in their careers.
• Positive Firm Reputation: A law firm with a reputation for effective communication is more likely to attract and retain clients.

Conclusion

Keeping the insurance adjuster informed is not just a task for a paralegal; it's a responsibility that underpins the entire legal process. By understanding the importance of communication, knowing what information to share, choosing the right methods, adhering to best practices, and avoiding potential pitfalls, paralegals can significantly contribute to the successful resolution of insurance claims and build lasting relationships with insurance adjusters. Consistent, transparent, and professional communication is the key to achieving the best possible outcome for the client and solidifying the paralegal's role as a valuable asset to the legal team.