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Negotiation Steps on the Way to Your Injury Settlement...
No negotiation steps are set in stone when it comes to dealing with
insurance
companies. But they almost always take the same basic
shape.
Beyond the basic framework of negotiating insurance settlements, there
are a few sneaky tactics the insurance claim adjuster might use.
Adjusters
have been known to use intimidation and distort the truth.
First of the negotiation steps is something we've already looked at in
great detail. This is your
personal injury
demand letter.
First you write a short letter indicating you were injured and may make
a claim at some point in the future. This is your letter of notification.
Then you write the injury
demand letter, which formally opens the insurance claim.
That
letter lays out the groundwork for all future negotiations. It also
makes the first request for a specific amount of money. This amount of
money should be high, but within reason. Make sure the amount is higher
than you expect to receive.
After this letter has been reviewed
by the adjuster, you'll
get a letter or a phone call telling you why
your claim won’t work. They’ll question liability and try to
de-emphasize their client's negligence.
This is also where they'll try
to put the liability partly on you. If your medical bills show
payment for treatments they don’t agree with, this will also come up.
These treatments could include anything from alternative
medicine to prolonged physical therapy.
This is the time
you'll probably face most of the intimidation tactics. The adjuster
will try to tell you how things work and how your demand doesn’t fit
their protocol. Let them go on as much as they want, but when they're
done you'll have a chance to respond.
The next step in the
negotiation process will be when you address their arguments. You'll defend your bills, your
lack of liability and re-state your actual demand.
Assuming you've done even a remotely good job so far, this is the point
where the adjuster makes
their first offer. Almost without question
this will be a very low offer, used to test the waters.
If you're in a
real hurry for the money, which is what they hope, you'll take their
offer and run.
But instead of doing that, you'll show them you
have the patience to deal with all the negotiation steps. Turn down their offer, but
give in a little bit. Your demand was purposely too high,
so now you'll
be able to agree with them a little and make a new offer.
If
you put up a good enough case, and the threat of a lawsuit is a real
possiblity, the adjuster just might settle with you right there.
Normally, the negotiation process will call for yet another offer on
their part.
From there the back and
forth bartering continues.
Remember, there are no negotiation rules that say you have to
keep lowering your offer. Of course there's a limit to how low you're
willing to go. If the adjuster refuses to settle higher than your
lowest acceptable amount, you can keep turning their offers down.
If they
refuse to offer a minimum personal injury settlement amount you're
willing to accept, then you may have to
file a formal
civil lawsuit. This is the last of the negotiation steps.
An insurance company will often increase their offer once they receive
paperwork notifying them of a pending lawsuit. And they may continue to
raise their offer as the lawsuit progresses.
Return
from Negotiation Steps to Negotiation
Strategy
Return
from Negotiation Steps to Personal Injury
Settlement Guide
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