Woe to the procrastinator. The wages of sin may be death, but the wages of procrastination are long lines. Procrastinators are maligned “ators.” We are not nearly as critical of profligators, proliferators, prognosticators or prevaricators. For adjusters, procrastination is a hazard.

There is a legal phrase seen in many contracts that says, “Time is of the essence.” What is an “essence”? It has many definitions, including a fragrance or odor. If something sits around long enough it will begin to stink! That was the case in recent AT&T litigation where 18 different attorneys from two law firms failed to file an appeal within 30 days after a jury verdict of $40 million against their client. Imagine the smell that caused!

But procrastination is a two-edged sword. If procrastination is “putting it off,” the opposite must be “concrastination,” which might be defined as acting too quickly. This too, can be hazardous. Psychologists suggest that chronic procrastinators are often perfectionists who fear doing something that isn't perfect, so they don't do anything.

Acting in haste

Some procrastination is necessary. Many claims experts suggest a three-point, 24-hour contact requirement: upon assignment, contact the insured, claimant and physician or repair facility within 24 hours. It may be a week or more after the loss before it is even assigned to the adjuster. Contact the insured and claimant as soon as possible, but be careful what is said. Investigate quickly, but don't make any commitments without all the facts.

As to the physician, what doctor is going to tell an adjuster anything within 24 hours? Has whoever came up with this rule never heard of HIPAA? Medical facilities don't release information without a signed authorization. Yes, investigate any damage as quickly as possible, but again, it is better not to make any commitments until coverage and liability are investigated, evaluated and confirmed as applicable to the claim.

Procrastination can be a killer when the calendar is forgotten. Good adjusting requires a series of reports and status updates at reasonable periods to make sure the claim is progressing. Damage claims require prompt attention, since factors such as loss of use, car rental, additional living expense and business income increase by the hour. A day's delay increases the claim's value proportionately, but other types of claims take time to develop.

While a first-call injury claim settlement is great, most injury claims require time, especially if the claimant is represented by counsel. This is where procrastination is dangerous: the adjuster waits until the attorney's “package” is received. Ninety percent of the time the adjuster's claim reserve will be grossly deficient. The adjuster must keep pressure on the attorney for details including injuries, treatment, who is providing it, and the prognosis. Offer to get a signed authorization for the medical records — the more both know, the easier the settlement.

Two of the most deadly procrastination sins involve statutes of limitations and defaults. Tort statute of limitations range from one to six years, with most states having a two-year statute. But that statute may be shorter if a governmental agency is involved, and when subrogation fails because the adjuster sat on a claim and failed to file within the statute, the insurer has lost that money forever. A few state unfair claims practices statutes require notice of an approaching statute of limitations to unrepresented claimants.

Defaults are just as hazardous; in most states the time limit to answer a summons and complaint is around 20 days. If the insured is served a lawsuit and sits on it a week or two before notifying the agent, the adjuster may have only days to either get an answer filed or request an extension. After that, the claim goes into default and the plaintiff wins.

For procrastinating adjusters, that long line may be the unemployment line.

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