Taking a First Look at Your Negotiation Strategy...

We'll take a much closer look at negotiation strategy in a different section. For now we're just going to give a quick overview since your understanding of the negotiation process will effect the initial steps in your injury claim.

Much like what has already been said about the litigation process your negotiation strategy begins the moment an accident happens.

Assuming you aren’t making outrageous injury settlement demands then the ease of insurance negotiations will depend on how strong you can make your case. For this reason you must do your best to keep track of - and document - everything that happened at the scene of the accident.

The more evidence you have showing the insured party’s negligence the harder it will be for the adjuster to lower your settlement demand. So whenever possible take accident pictures that cover any relevant details.

Talk to witnesses and make sure you can contact them later on. For no reason should you admit to any wrong doing or specify what injury you think you may have when making a police report. Follow that last rule within reason of course because sometimes there are things you just have to tell.

The next step in your negotiation strategy is to collect all documents that confirm your damages. Keep them organized both on paper and in your head. The easier you can refer to them in phone conversations the better. You will also refer to them in your demand letter when building up to the dollar figure you want. Also, inflate that dollar figure. Don’t do it grotesquely but make it somewhat higher than what your ideal settlement will be. This will require you to place a higher value on your pain and suffering as well as on the punitive damages if you feel they apply.

From there the insurance negotiation will likely consist of a few phone calls to and from the claims adjuster. If your negotiation strategy is strong up until this point and you have left little question about liability, the adjuster will offer you a settlement - but the sum will almost definitely be smaller then the one in your demand letter.

You’ll probably take time to think about it and then counter with another number. This will be smaller than your first but, of course, larger than theirs.

Ideally this will go on for no more than a couple of phone calls and then they will agree to settle. In most situations that’s exactly what will happen. So if you follow a strict negotiation strategy and present a strong case you will receive the insurance settlement you want and you will receive it realatively quickly.

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