Acting in Bad Faith: Improper Negotiation Tactics the Adjuster Might Use...Insurance adjusters acting in bad faith are easy to spot, if you know what to look for. There are a few negotiation techniques an adjuster might use to get the better of you.These improper negotiation tactics can show up throughout personal injury claim negotiations. Fortunately there's enough time between communications for you to carefully think over what they’re doing or saying. If something doesn’t feel right you'll have time to double and triple check it. In many cases there's nothing stopping an insurance adjuster from acting in bad faith, but in some instances it's flat out against the law. Negotiation techniques differ from one adjuster to the next but, as we’ve seen, the basic negotiation steps remain the same... The first thing that happens is for you to contact them with a demand. They'll try to lower your figure or deny your claim altogether. As shown in the previous section, the latter negotiation tactic can be maneuvered around. The first thing you should do is request written documentation showing why you’re being denied personal injury compensation. In cases that aren't against the government, the only thing that limits the time you have to make a claim is the statute of limitations. When you first file your claim, an adjuster may say you can’t get any compensation because you waited too long. Unless the statute of limitations on a lawsuit has passed, this is just a dirty negotiation tactic. Have them send you the reason for denial in writing. They won’t do it. Instead, they'll revert to a lowball offer. From there you just go back to the steps in the negotiation process we’ve looked at previously. There are ways of acting in bad faith that don’t touch on the sneaky negotiation strategies we’ve discussed before. Sometimes the adjuster chooses to wait long periods of time between their communications with you. These stalls are often used to test your limits, because if you're in urgent need of the settlement money you might just accept their low offer instead of waiting for their reply. The adjuster might also try a negotiation technique that involves taking on authority they don’t really have. They could tell you that the law protects their insured or shows their insured wasn’t at fault. They might also try to state medical facts that interpret your medical records in an unfavorable way. The bottom line is that an adjuster isn't a lawyer or a doctor. If they try to tell you anything you don’t think is true, have them put it in writing. If they want to quote the law, have them show you exactly where that law is written. If an insurance adjuster is acting in bad faith here they might try showing you a written reference to the “law” which isn't from a proper legal source. Perhaps it's a quote from one of their own lawyers or it's from a generalized section of the law. Don’t fall for these tactics. If they want to use the law, it has to be referenced properly. If the negotiation techniques of your adjuster are really going over the line of fairness, refer to our section on bad faith insurance practices. This is something you don't have to stand for and there are steps you can take to combat a bad faith insurance company - starting with notifying your state insurance board. Return from Acting in Bad Faith to Negotiation Strategy Return from Acting in Bad Faith to Personal Injury Settlement Guide Find out if you're entitled to a
The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter.Click below to read our full User Agreement, Disclaimer and Copyright Information.
|
