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.
Can you negotiate car insurance settlements and other liability claims by yourself? Yes, legally speaking, you are not required to have a lawyer. However, working with a personal injury attorney gives you the help of an experienced legal advocate who can communicate with the insurance company on your behalf and fight 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.
What Is the Negotiation Process?
Once you decide to pursue an insurance claim, your lawyer will investigate the accident that caused your injury. Your attorney will lay out your case and detail your losses in a demand letter. Once the insurance company receives the demand, the insurance claims adjuster will begin negotiations with an initial offer.
How long do settlement negotiations take? That depends on how much back and forth takes place between parties. Usually, the stronger your claim is, the faster it will get resolved, and the more successful the outcome will be.
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Tips for Negotiating with an Insurance Adjuster
How do lawyers negotiate settlements? 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, be polite, but do not go into detail about your accident or injuries. Instead, have them direct questions 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.
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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. Tactics insurance adjusters 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
Working with a lawyer can protect you from bad-faith insurance tactics. It can also take the stress and pressure of negotiations off your shoulders so you can focus on your physical recovery.
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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. In general, the goal of insurance negotiations is to obtain the maximum compensation possible for:
- 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? That will depend on various factors unique to you and your claim, including:
- 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
A lawyer can help you establish your right to recover losses using bills, receipts, estimates, pay stubs, and other proof of accident-related expenses. They can also work with medical professionals to gather evidence proving 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 a personal injury lawsuit. You will need to file your case within your state’s statute of limitations, or you will likely be unable to take legal action.
Contact a Lawyer for Help with Insurance Negotiations
At Gatti, Keltner, Bienvenu & Montesi, PLC, we are fearless advocates for the injured. We 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.
You 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. We will not allow insurance companies to push our clients around or pressure them into accepting less than they deserve.
Contact us online or call (901) 526-2126 to schedule a free consultation. We have offices conveniently located in Memphis, TN, and Olive Branch, MS, and proudly assist clients in western Tennessee and the surrounding Arkansas and Mississippi areas. We take cases on contingency, so our services are affordable and accessible. We only collect a fee when we obtain compensation for you.