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How To Position A Claim When Negotiating With Insurance Company?

Home > Personal Injury FAQ's > How To Position A Claim When Negotiating With Insurance Company?

How To Position A Claim When Negotiating With Insurance Company?

Posted on April 3, 2020March 24, 2020 by Blog Author
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At the start of negotiations, the claimant has 2 significant pieces of knowledge. One piece gets shared with the insurance company; the other does not.

The claimant’s knowledge

The claimant should have gained a sense for what his or her claim is worth. By the same token, the claimant should know the minimum amount of money he or she will accept. Yet claimants ought to keep that figure in their heads; it should not be shared with others.

Why a claimant might change his or her idea for the minimum amount of money that ought to be accepted.

The adjuster might refer to a weakness in the claimant’s argument, one that had not been considered previously. In that case, the claimant’s minimum might need to be lowered. Alternately, the adjuster might open with an offer that is close to the imagined minimum. In that case, the claimant’s minimum would need to be raised to a considerable degree.

Events to expect

At some point the insurance company might send a reservation of right letter. That is just a signal that the insurance company is not obligated to pay a cent to the claimant until it has investigated the filed claim.

Early in the negotiations, the adjuster may make a low-ball offer. At that point, it becomes the claimant’s job to make a request in writing. That request should seek a justification for the adjuster’s low offer.

Tactics that help to position the claim

Always focusing on the strong points of your case. That provides the adjuster with little opportunity for mentioning your cases’ weaknesses. Adjusters prefer to focus on the weaknesses, because those can be used an excuse for a low offer. Never hesitating to mention an emotional point. When necessary, refer to some piece of evidence, in order to highlight an emotional issue. For instance, if the collision totaled your vehicle, get a picture of that damaged vehicle, and send it to the adjuster, along with the demand letter.

Personal injury lawyer in Grand Prairie do not overlook any issue that might be used to fight a charge that your case is weak. Make sure that both the driver and any passengers, regardless of their age, were seen by a physician soon after the accidental occurrence. You can should not assume that all of them escaped unharmed.

Give serious thought to how anyone’s future plans might have been affected by the accident. Did anyone develop a disabling condition? Did anyone become disfigured? Did anyone need to undergo surgery?

Do not start negotiations until everyone has reached a state of maximum medical improvement. If necessary, seek legal help, and fight an adjuster’s demands. An insurance company should not force acceptance of its terms in an early settlement.

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