Based on 10 years negotiating automobile mishap insurance coverage claims, these are my top 15 ideas for negotiating your injury claim:
Do Not Begin Too Soon
I currently discussed this. Wait until you know the whole story of your accident. Assessing your claim before then is like forecasting the last rating of a baseball video game in the fifth inning.
Have an Objective
Know what you are attempting to achieve. When you are evaluating your claim and preparing your demand letter, choose the minimum figure you would require to settle your claim. You can not hit your target if you do not understand what it is.
Demand More Than You Will Accept
There is no way to avoid the give-and-take, back-and-forth negotiation procedure. So request for more than you will accept. I suggest that you ask for someplace between an extra 25% and an additional 100%.
If you request more than that, you come out as impractical or clueless.
If you request too little… you’ll get an insufficient amount.
Do Not Give a Recorded Statement
Although the insurance coverage adjuster will imply that it is routine, and even required, you do not need to provide a recorded statement.
Don’t talk with their insurance policyholder, they already understand their driver triggered the accident, so they do not require a declaration from you to develop an obligation. They are simply searching for something they can utilize against you in the negotiations or, if your case goes there, in court.
Do Not Sign Medical or Work Authorizations for The Insurance Provider
Sure, they have to understand the truths to evaluate what you are entitled to recuperate, and that includes medical expenses, medical records, and lost income declarations. But you should manage the procedure of collecting this information and submitting it to the insurance company.
Do Not Let The Company’s Insurer Doctor Analyze You
The insurer may ask you to submit to what they call an IME, which means Independent Medical Examination. What a joke. There is absolutely nothing independent about this type of medical exam. It is spent by the insurance company and done by a physician that the insurance company utilizes frequently for this purpose. Do you think it is likely that the physician will jeopardize a stream of earnings that can be as much as $1 million dollars each year by offering the insurer opinions they do not want?
Know The Deadline
Do not let the statute of limitations bar your claim.
Listen to The Insurance Coverage Adjuster’s Arguments & Provide The Weight They Deserve
Even though you should go into the settlements with an objective, with an idea of the minimum amount you will accept, you should modify your position if the adjuster makes great points when you talk about the case with him/her.
Ask The Adjuster to Validate Any Offer That You Feel is Low
Ask him/her to discuss how they reached that offer. Then, after reflecting on their arguments, either call them back or write a letter to them rebutting their arguments.
Do Not Forget Future Damages
If your doctor states you have a long-term injury or will need future treatment, you are entitled to be compensated for those future losses. This gets a little tricky. I advise that you talk to a legal representative about how you prove future damages.
Know Who Gets Part of Your Settlement
For instance, you might have to repay your health insurance business for the medical expenses they paid. In fact, in some states, the insurance provider will pay them directly out of your settlement and send you the balance. To fairly evaluate your position, you need to understand “the bottom line,” that is just how much you will really get.
Be Sincere & Easy
Some individuals believe that settlements are a game that is won by the individual who is best at tricking an opponent.
I disagree. My experience teaches me that the very best mediators are honest, reasonable, and above board.
Besides, even if you were inclined to shade the reality by, for example, not disclosing an earlier injury to the very same part of your body injured in your accident, there is a likelihood the real facts will come out and damage your trustworthiness, maybe even destroy your claim.
Do Not Get Angry
You may want to get upset when the insurance adjuster states, or indicates, that you were not actually hurt or were not injured as seriously as you know you were.
However, don’t get angry. Counter their rubbish by using facts. Highlight your best arguments. These could be such things as the fact it was a serious accident, the other driver had actually been intoxicated, you had clearly painful injuries, you lost a good deal of income, etc…
Help The Adjuster Help You
Stand your ground and be assertive. However, as much as possible, instead of an adversarial relationship, attempt to develop a tone of 2 individuals interacting to resolve a common problem, how to relatively settle your injury claim.
The best adjusters are specialists working. They wish to settle cases. However, they are responsible to superiors and they do not want to be slammed for being too soft. Find out the types of things the insurer considers when they assess a claim and offer the adjuster the evidence she needs to give you the highest possible deal.
Continue Back-and-Forth Negotiations Until You Have The Insurer’s Finest Deal, Then Decide Whether to Accept it
Even if settlements go higher than your “bottom line,” keep negotiating. Continue negotiating till the insurer stops increasing its deal. Provide a number of more chances to raise their deal. If they still do not, you most likely have received their highest deal.
If you wish to be reasonably sure you have their highest deal, inquire! Inquire questions like these:
Is this the highest deal you will ever make?
Is this a take-it-or-leave-it deal?
If I do decline this deal, should I simply employ an attorney and file in court without calling you back?
If the adjuster thinks twice or quibbles, they probably have more cash they can provide. Keep negotiating.
As soon as you believe you have their highest deal, examine it, and choose whether to accept it. If it is higher than your “bottom line,” you will most likely accept it. If it is far lower than your minimum appropriate settlement, you will most likely decline it and go to court, either on your own or with a car and truck accident legal representative.
If the deal is close to your objective, you will need to choose based on such things as just how much more you think you can recuperate in court, how much time the claim will take, and how comfortable you are with the uncertainty of what will be decided in court.