Four Hints For Success When Negotiating An Injury Settlement With Insurance Adjusters

Posted on: 3 April 2017

Being injured in a car accident is certainly no fun, and negotiating an injury claim is even less enjoyable. In fact, it can be incredibly stressful, and a mistake on your part could cost you thousands of dollars in settlement money.

That is why it's important to have an understanding of how to negotiate with insurance claims representatives. Going into negotiations blindly can leave you floundering and stumbling around, since you are no match for a professional adjuster without obtaining upfront advice. Below are several hints that can help you prepare and succeed when negotiating a car accident injury settlement.

Write a Well-Crafted Demand Letter

The first step to take when pursuing an insurance settlement for an injury suffered in a car accident is to draft a polished, confident, and forceful demand letter. A demand letter is your first effort to let the insurance company know you are serious about your efforts to recover damages.

When writing a demand letter, be sure to include the following elements:

  1. Explain the injuries suffered, including any emotional impact. Don't be shy when writing this section, as detailing the nature of injuries can make a powerful impact.

  2. Explain why the insurance company's customer was responsible for an accident, while admitting no fault of your own.

  3. Provide a detailed explanation of how much money was spent for medical care and related expenses, including lost income.

  4. Make a demand for a full settlement, but do not yet specify a dollar amount.

Demand letters do not have to be lengthy to be effective, but they do have to clearly state your case and provide sufficient detail to back your side of the story.

Understand the Position of the Adjuster

An insurance adjuster, or claims representative, is a highly trained professional whose primary job is to protect the interests of the insurance company. That does not mean adjusters are heartless or unethical; instead, it indicates they are loyal to their employer and will do what is reasonable and legal to provide them protection.

By keeping this in mind, you will be much more likely to maintain a cautious level of interaction and not become too trusting. In addition, remembering that the adjuster is a partial representative of the company will also help you keep perspective. Finally, filter every encounter with an adjuster through a lens of healthy skepticism, and you will avoid be caught off-guard, with no place to retreat.

Keep Your Dollar Estimate Secret

When working with an insurance adjuster, it is important to keep the desired settlement amount secret for as long as you can. There are several reasons why this can help, including management of expectations and maintaining negotiating power.

If an adjuster asks you to provide a dollar amount, then be sure to decline politely and ask the adjuster to calculate an estimated settlement amount. If they feign ignorance or act passively-aggressively, then explain you do not feel comfortable calculating an amount and are satisfied with a rough estimate.

Once a dollar amount is mentioned by an adjuster, then mentally compare the amount with your own secrete estimate. If the adjuster's estimate is too low, then consider responding with a polite refusal and ask for a recalculated amount.

Hire an Attorney Who Specializes in Personal Injury Law

Ultimately the best way to succeed when negotiating an injury settlement is to obtain the services of a personal injury attorney from a law firm like Speers Reuland & Cibulskis, P.C. A qualified, experienced lawyer can provide the right negotiating touch and knows how to persuade adjusters to make offers that will meet your needs. In addition, keep in mind that most personal injury lawyers work on a contingency fee basis; if they don't win your case, then you don't pay any fees.

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