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Tips to Negotiate a Personal Injury Settlement with an Insurance Adjuster?

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If you make a personal injury claim after an accident, you need to negotiate with the insurance company. You should keep one thing in your mind even if you have filed a personal injury lawsuit; your case can reach an out-of-court resolution at any time. 

Your injury lawyer must present the organized demand letter to the insurance company. The proper supporting documentation is needed, and your negotiation process will complete in a few phone calls with an insurance claim adjuster. 

But one thing which will bother you most is the argument between your lawyer and the insurance adjuster. Both will argue against strengthening his point and weak others. 

Then the insurance adjuster will try to offer to settle the claim amount lower than what is written in the demand letter. You have to make a counteroffer a little higher than the Adjuster offered but lower than the original figure mentioned in the letter. 

After these explanations, your settlement would be done within a few calls. Let's look at how to claim success.

Things to keep in mind before accepting any offer from an Insurer:

If you have been suffering trauma from an accident, you may be feeling vulnerable. If the insurer offers you to settle the claim, you may think it's an opportunity to get your claim without any further delay. But let me tell you what you should consider before making any offer with the insurer.

  1. It would be best if you did not accept an initial offer made to you. If you accept an offer, it can be lower than the actual amount you can get if you discuss it with a solicitor instead. 

  2. Do not rush while making an offer. You have up to two to three years from the accident date to settle the compensation claim. 

  3. If you get hurt, get a proper medical bill to confirm an injury you have got that has affected you mentally and emotionally. 

  4. Please read it if an insurer offers you compensation and asks you to sign on paper. 

  5. Do not take his advice if an insurer offers to arrange a lawyer for you. It would help if you appointed your lawyer to seek any legal advice at any time. 

How to negotiate with an insurance claims adjuster?

You Should have a settlement amount in your mind. 

Now we will tell you how to get insurance claims. First of all, decide a minimum settlement amount in your mind before speaking to the Adjuster. When you are putting a demand letter to the claim adjuster, you should determine how much your claim is worth. 

This minimum amount is for your convenience; it is something you should not reveal to the Adjuster. You can keep your bottom line in your mind while you are negotiating under pressure. 

You may lower your amount. However, you should not cling to the figure you have set in your mind. There is some point or fact which you had not considered, but that can make your point weak.

Do not jump at an Initial offer.

When the insurance claim adjuster makes his very initial offer so low, it is indeed his negotiating tactic. It is to know about your intention, or maybe it is reasonable to offer, and that is too low. If the offer is not according to your demand letter, then immediately make a counteroffer according to your claim. 

Although you should pretend that you, too, are willing to negotiate and compromise, for this just make a counteroffer a little bit lower than the actual price. A little more negotiation and bargaining will quickly get you to the final fair settlement amount. 

Tell the Adjuster to justify his lower offer. 

When the Adjuster makes his very first offer so low, that is indeed a negotiable tactic to see your intention. You have to be patient and do not lower the amount immediately which you have put in the demand letter. Instead, you should ask the Adjuster to justify his offer, why his offer is too low, and make a note of what he has said. 

Write a brief note including each factor the Adjuster has said in response. Depending on the strength of an adjuster, you should lower your demand slightly when you speak Adjuster another time; start by asking for an answer to your demand letter. 

Put the settlement in writing form. 

When you and the claim adjuster finally reach an agreement, immediately mention all the terms in writing. This letter can be short and comprehensive, starting from the amount you mentioned in the damage settlement covers—eventually, the date you expected to receive a document from the company. 

Emphasize the emotional point. 

In this conversation, do not bother to go by overall facts again. You should emphasize the strongest point in your favor. For example, being injured was entirely the fault of the accident; you should emphasize your injury; you have suffered a painful injury: the medical cost which you suffered and the long physical effect. 

However, your emotional point may support your claim. For example, you can send the Adjuster a strong photo of a smashed car or severe injury. And further, mention your child had suffered very much physical and mental trauma. This emotional claim can go a long way toward getting an insurance company to settle your claim.

You might be Intrested inWhy To Hire Personal Injury Lawyer?

FAQ

How long does it take to negotiate a personal injury settlement?

Negotiations do not have a fixed settlement period. However, personal injury can be any time, around five months to 18 months; some may take more. Generally, negotiations take weeks to even years, and they end only when the parties agree to settle and not make any counter offers. 

How is personal injury compensation calculated?

The compensation amount is proportionate to the injury that occurred, and the coverage promised. This means, the graver the injury, the higher the compensation. 

Should I accept the first offer on a personal injury claim?

Like mentioned in the article earlier. You are not advised to take the first few offers and negotiate with a few to decide better. 

Conclusion

We have mentioned above what you should do if an insurance company approaches you to settle the claim. Do not panic and avoid any promptness. You should calm down and make an offer decently. If you are having any kind of trouble in understanding an offer from an adjuster, take your time and arrange a solicitor. You can take advice from your advocate nearby you then proceed to make any offers.