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.