When you’re injured in an accident, one of the first people you’ll hear from is the defendant’s insurance adjuster. Often, they’ll tell you something along these lines: “You don’t need an attorney. We can handle this directly and save you money.” But why would an insurance company representative, whose job is to protect their employer’s bottom line, be concerned about your financial wellbeing?
The Insurance Adjuster’s Primary Goal
Insurance adjusters work for the insurance company, not for you. Their primary responsibility is to minimize the company’s financial exposure by settling claims for as little as possible. This isn’t a secret—it’s simply their job.
When an adjuster discourages you from hiring a San Antonio personal injury attorney, they’re acting in their employer’s best interest, not yours. Let’s examine the real reasons behind this common tactic.
The Financial Reality: Represented Claimants Receive Higher Settlements
Insurance companies don’t want you to know this, but research consistently shows that accident victims who hire attorneys receive significantly higher compensation than those who negotiate on their own.
The Insurance Research Council found that accident victims who hire attorneys receive settlements that are, on average, 3.5 times larger than what unrepresented claimants receive—even after attorney fees are subtracted. This striking difference reveals why insurance adjusters are so quick to discourage legal representation.
Time Pressure and Quick Settlement Offers
After an accident, insurance adjusters often contact victims quickly—sometimes while they’re still receiving medical treatment. They may offer what seems like a generous settlement, but with a condition: you must accept quickly.
This urgency serves the insurance company in several ways:
- You haven’t had time to fully understand the extent of your injuries
- You haven’t consulted with medical specialists about long-term prognosis
- You haven’t calculated future medical expenses or lost income
- You haven’t had an opportunity to speak with an attorney
Quick settlements almost always favor the insurance company, not the injured person. A San Antonio personal injury attorney will ensure you understand the full value of your claim before making any decisions.
The Knowledge Gap Between Adjusters and Accident Victims
Insurance adjusters are professionals who handle claims every day. They understand the complex legal landscape of personal injury law, including:
- Texas comparative negligence rules
- Statute of limitations for different types of claims
- Proper valuation of non-economic damages like pain and suffering
- Texas-specific damage caps and limitations
- Procedural requirements for different types of claims
Most accident victims handle maybe one or two claims in their lifetime. This knowledge gap puts unrepresented claimants at a severe disadvantage. Your San Antonio personal injury attorney bridges this gap, ensuring you’re negotiating from a position of strength and understanding.
The “Attorney Fees” Misconception
One of the most common tactics used by insurance adjusters is to suggest that hiring an attorney will ultimately reduce your compensation. They might say: “Why give up 33% of your settlement to an attorney when you can keep 100% by working directly with us?”
This argument is misleading for two important reasons:
- Most personal injury attorneys in San Antonio work on a contingency fee basis, meaning they only get paid if you win your case
- As mentioned earlier, represented claimants typically receive settlements that are 3.5 times larger than unrepresented claimants
Simple math shows that even after attorney fees, represented claimants usually walk away with significantly more compensation. For example, if an unrepresented claimant receives $10,000, a represented claimant might receive $35,000. After a 33% contingency fee ($11,550), the represented claimant would still receive $23,450—more than double the unrepresented amount.
The Power of Legal Investigation
Insurance companies have teams of investigators who immediately begin collecting evidence after an accident. Without an attorney, you’re at a disadvantage in gathering and preserving crucial evidence such as:
- Accident scene documentation
- Witness statements
- Expert analysis
- Medical records and expert testimony
- Electronic data from vehicles
- Surveillance footage
A San Antonio personal injury attorney has the resources to conduct a thorough investigation and preserve evidence that might otherwise be lost or overlooked. This evidence often proves decisive in maximizing your recovery.
Texas-Specific Legal Considerations
Texas has unique laws that affect personal injury claims. Insurance adjusters count on your unfamiliarity with these laws, such as:
- Modified comparative fault (51% bar rule): In Texas, if you’re found to be more than 51% responsible for an accident, you cannot recover damages
- Damage caps: Texas places limits on certain types of damages in specific cases
- Governmental immunity: Claims against government entities have special requirements and limitations
- Statute of limitations: Most personal injury claims in Texas must be filed within two years
Your San Antonio attorney understands these Texas-specific considerations and ensures your claim complies with all legal requirements.
Medical Treatment and Documentation
Insurance adjusters may encourage you to minimize your medical treatment or suggest that certain treatments are unnecessary. They know that medical documentation is crucial evidence in personal injury claims.
A personal injury attorney ensures you receive appropriate medical care and that your injuries are properly documented. They can also work with medical experts to establish the full extent of your injuries and their long-term impact on your life.
The Value of Your Time and Peace of Mind
Handling a personal injury claim is time-consuming and stressful. It involves:
- Gathering and organizing documentation
- Filing paperwork within strict deadlines
- Communicating with insurance representatives
- Understanding complex legal and medical terminology
- Negotiating settlement offers
A San Antonio personal injury attorney handles these tasks for you, allowing you to focus on what’s most important: your recovery.
When Litigation Becomes Necessary
Not all personal injury claims can be resolved through negotiation. Sometimes, filing a lawsuit is necessary to achieve fair compensation. Insurance adjusters know that without an attorney, your ability to pursue litigation is limited.
Your personal injury attorney can seamlessly transition from negotiation to litigation if necessary. This capability significantly strengthens your position during settlement negotiations.
The Importance of Proper Damage Calculation
Many unrepresented claimants focus solely on immediate expenses like medical bills and lost wages. They may not consider other compensable damages, such as:
- Future medical expenses
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Physical impairment
A San Antonio personal injury attorney ensures all appropriate damages are included in your claim, maximizing your potential recovery.
Insurance Company Tactics and How Attorneys Counter Them
Insurance companies employ numerous tactics to minimize payouts:
- Disputing liability
- Minimizing injury severity
- Attributing injuries to pre-existing conditions
- Delaying claim processing
- Making lowball offers when financial pressure is highest
Your attorney recognizes these tactics and knows how to counter them effectively. They can also protect you from making statements that might harm your claim or signing documents that limit your rights.
The Value of Attorney-Client Privilege
Conversations with insurance adjusters are not confidential. Anything you say can be used to devalue or deny your claim. In contrast, communications with your attorney are protected by attorney-client privilege, allowing you to speak freely without fear that your words will be used against you.
Conclusion: The Choice Is Clear
When an insurance adjuster tells you not to hire a San Antonio attorney, they’re acting in their employer’s best interest, not yours. The evidence overwhelmingly shows that accident victims who hire attorneys receive larger settlements, even after attorney fees are considered.
If you’ve been injured in an accident in San Antonio, consulting with a personal injury attorney costs you nothing and may significantly increase your compensation. Most reputable personal injury attorneys offer free initial consultations, allowing you to understand your options before making any decisions.
Remember: insurance companies have teams of professionals working to protect their interests. Shouldn’t you have a professional protecting yours?
Resources for Accident Victims in San Antonio
- Texas Department of Insurance – Consumer Protection
- State Bar of Texas – Find a Lawyer Service
- Texas Civil Practice and Remedies Code (includes information on statute of limitations)
- Bexar County District Clerk (for court filing information)
By understanding why insurance adjusters discourage legal representation, you can make an informed decision that protects your rights and maximizes your recovery after an accident in San Antonio.