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The Independent Claims Adjuster: How to Negotiate
Effectively...
Some people make fatal negotiation mistakes with their independent
claims
adjuster.
Your statements to the insurance claim adjuster have a direct effect on
your personal injury settlement.
There are some things you should not say, and some things you should go
out of your way to
tell an insurance
adjuster.
Generally, learning how to negotiate
effectively comes down to knowing how to speak to the
adjuster.
Some "buzz words" can cause an independent claims adjuster
to either fear a devastating personal injury verdict, or to see your
injuries as
insignificant.
This isn’t about lying or deceiving (which are the biggest negotiation
mistakes you can make). It doesn't
have much to do with what you say overall.
This is about
HOW
you
say something.
As we've already seen, using words like "whiplash" don’t go
very far when dealing with an insurance claims adjuster. You should
explain that you suffered a neck injury and describe your symptoms of
whiplash, which is the truth, and that's
why you're seeking compensation.
If you use the word "whiplash"
when describing your symptoms, the adjuster may look at your claim
unfavorably. You should also avoid making that kind of claim on an
accident police report. The word just has too many negative stigmas.
On the other hand, there are words
you do
want to use when talking to
the independent claims adjuster or when making an accident report. The
idea is to describe your injuries in words that stress their severity.
Sometimes
this is as simple as using
the actual medical terms and diagnoses. If your
doctor
mentions your injury in technical terms, then they're good words to use
with the adjuster. This not only stresses that it's a diagnosed
condition, but adds to the impression that you know what you’re talking
about.
You may have injuries that are less
obvious or not officially diagnosed. Be on the lookout for these
types of injuries. The mere hint of certain ailments can cause the
general damages to rise.
This doesn’t mean you should lie or
make up symptoms. That's not only unethical, but can result in some
serious legal issues for you down the road.
Look for
symptoms that may have gone unnoted in
medical reports.
For instance, an independent claims adjuster
knows that any injury with long term effects can result in a very high
court settlement.
If there's a hint that long-term or permanent injuries may
exist, then the adjuster is more likely to offer a large settlement.
(On that same note, you'll want to strongly consider that settlement,
because you don’t want to risk having a jury that doesn’t care about a
'hinted' injury.)
These kind of injuries involve things like
potential brain damage, or even joint pain. Mention anything that may
have long-term effects.
Head injuries need to be
mentioned even if you haven’t noticed any immediate effects. If your
medical records, or the accident police report, mentions a concussion
or
possible head injury, make a special note of it in your claim.
The
insurance company's independent claims adjuster knows that any kind of
head injury has a
potential for brain damage. The effects of that damage might not be
apparent for a long time.
Pointing out this kind of injury to the adjuster, in the right way, may
get them to increase your personal injury settlement offer.
As for broken bones,
you should talk to your doctor about long term effects. When these
injuries happen at the joint they often result in joint pain later in
life.
Because this is impossible to diagnose right away, doctors rarely
make note of it. But if you ask the doctor outright about the
possibility of your injury resulting in arthritis, they'll note it in
your medical report.
All you really want is to suggest to the
claims adjuster that your broken bone may result in long term
disability. This will give them reason to increase your
personal injury compensation offer.
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Unsolicited
Testimonial...
"I
want to thank you for the information you provide. I used
Injury-Settlement-Guide.com extensively while negotiating a medical
claim (broken ankle, 2 pins and 8% disability) with a large insurance
company.
The negotiation tactics and information provided on your site made me
feel one step ahead of the claims handler I was working with.
Again, thanks for providing this valuable information to the public. I hope many more people take advantage of your site."
Jay S. - Morris, CT
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