If you suffered injuries in an accident someone else caused, you may be entitled to financial compensation. In many instances, you can pursue your losses with an insurance claim. Part of the process involves settlement negotiations with an insurance claims adjuster. Learn how to negotiate with insurance adjuster and how you can get the best compensation for your claim.
Can you negotiate car insurance settlements and other liability claims by yourself? Yes, legally speaking, you are not required to have a lawyer. However, partnering with a personal injury attorney provides you with the assistance of an experienced legal advocate who can communicate with the insurance company on your behalf and strive for maximum financial recovery.
What Does an Insurance Claims Adjuster Do?
Insurance adjusters investigate and settle insurance claims. They do this by:
- Investigating the accident that led to the claim
- Reviewing the claimed losses
- Calculating a payout
- Offering and negotiating a settlement agreement
In most cases, insurance adjusters work for the insurance company they represent – not for your or your best interests.
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What Is the Negotiation Process?
Once you decide to pursue an insurance claim, your lawyer will investigate the accident that caused your injury. Firstly, your attorney will lay out your case and detail your losses in a demand letter. Secondly, once the insurance company receives the demand, the insurance claims adjuster initiates negotiations with an initial offer.
Thirdly, your lawyer would revise and review the offer according to your interests. How long do settlement negotiations take? That depends on how much back and forth takes place between the at-fault party’s insurer and your legal representative. Usually, the stronger your claim is, the faster it will get resolved, and the more successful the outcome will be. Finally, once you agree with the offer, the settlement agreement will be binding.
Tips on How to Negotiate with Insurance Adjuster
Unsure of how to negotiate with insurance adjuster on your own? Your attorney will use their legal knowledge and case experience to negotiate from the strongest place possible. There are some things you can do to help:
- If an insurance claims adjuster contacts you, politely decline to go into detail about your accident or injuries. After that, direct any questions they have to your lawyer.
- Do not accept an initial settlement offer without first consulting your attorney.
- Do not agree to give the insurance adjuster a recorded statement.
- Do not participate in hobbies, sports, and activities that could worsen your injury.
- Do not post about your accident or injuries on Facebook, Instagram, or other social media.
- Do not discuss your claim with anyone other than your attorney.
- See your doctor if you did not get medical treatment at the time of the accident.
- Follow your doctor’s treatment advice and attend all future appointments.
- Maintain records of your medical treatment and accident-related expenses
Read more: What to Say to an Insurance Claims Adjuster After an Accident
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Tactics Insurance Claims Adjusters Use
To improve the insurance company’s bottom line, claims adjusters often look for reasons to reduce compensation or deny settlements. For instance, tactics that insurance adjusters commonly use to keep payouts low include:
- Denying their policyholder’s financial liability
- Attempting to place blame on you for the accident and your injuries
- Denying their policyholder’s policy covers your claim
- Stalling or delaying negotiations
- Stalling or delaying payment
- Pressuring you to accept an initial, low-ball settlement offer
Don’t know how to negotiate with insurance adjuster who offers a lowball settlement offer? Work with a lawyer to protect you from bad-faith insurance tactics. In addition, lawyers can take the stress and pressure of negotiations off your shoulders so that you can focus on your physical recovery.
Recoverable Personal Injury Compensation
Personal injury compensation will vary from case to case, and some damages may depend on the type of accident you suffered. The goal of insurance negotiations is to obtain the maximum compensation possible for the accident victim. For instance, this includes:
- Medical Expenses – Emergency transportation, emergency department treatment, doctor’s fees, hospitalizations, surgeries, medications and medical equipment, rehabilitation, and long-term nursing
- Lost Income – Employment benefits, lost future earnings, and reduced earning capacity
- Physical Pain and Mental and Emotional Suffering – Scarring, disfigurement, permanent and disabling injuries, anxiety, stress, depression, and loss of enjoyment
- Wrongful Death of a Loved One – Medical bills, funeral and burial costs, and loss of your loved one’s support, services, guidance, and income
- Miscellaneous Losses – Vehicle and personal property damage, household services, medical travel expenses, and medically necessary vehicle and home modifications
What is a reasonable settlement offer for a personal injury case? That depends on various factors unique to you and your claim. For example, these factors can include:
- The extent of your injuries
- The cost of your current and future medical needs
- Your age at the time of the accident
- Your average income at the time of the accident
- Whether or not you can return to work
- The overall effect of the accident on your quality of life
How do lawyers negotiate settlements? A lawyer can help you establish your right to recover losses using bills, receipts, estimates, pay stubs, and other proof of accident-related expenses. Working with medical professionals, lawyers can gather evidence to prove your right to compensation for pain and suffering.
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What if You Cannot Agree with the Insurance Adjuster?
If the insurance company refuses to offer full and fair compensation or a claim is not an option for your case, you can seek your losses through personal injury claims. You will need to file a lawsuit within your state’s statute of limitations unless the claim lapses. As a result, you will likely be unable to take legal action if it falls beyond the statute of limitations. Our lawyers can facilitate your personal injury lawsuit if your insurance adjuster does not agree with your settlement offer. Above all, filing a claim and getting higher settlements according to your insurance coverage is something that only your lawyer can handle.
Contact a Lawyer for Help with Insurance Negotiations
At Gatti, Keltner, Bienvenu & Montesi, we are fearless advocates for the injured. Our Memphis personal injury lawyers know how to negotiate with insurance adjusters and how to build a robust claim for compensation. We have a 40-year track record of successful settlements and verdicts. We take cases involving car accidents, truck accidents, motorcycle accidents, premises liability accidents, workplace injuries, and more.
Most importantly, do not have to stand up to insurance claims adjusters alone. From the moment you contact us, we can guide you through the process of seeking compensation and advocate on your behalf. Our law firm will not allow insurance companies to pressure our clients into accepting a settlement that is less than what they deserve.
Contact us online or call (901) 526-2126 to schedule a free consultation. In other words, we make our services affordable and accessible by taking cases on contingency. We only collect a fee when we obtain the maximum compensation for you.
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Explained: How to Negotiate a Settlement
Tips to Maximize Your Insurance Claim
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February 24, 2016
