Negotiating Advice: What NOT to Say When Negotiating Insurance Settlements...

Good negotiating advice is essential since processing an insurance claim is an unfamiliar situation for most people. You'll have to think carefully before you speak to anyone, and avoid certain negotiation mistakes.

From the adjuster to the police officer at the scene, what you say can make a difference. One piece of negotiating advice you should never forget when pursuing a personal injury settlement is this: the insurance company can use anything you say against you. Never forget the insurance company is in business to make a profit.

We've already said that litigation and claim processing really starts the moment the accident happens. You can make or break your case depending on how you handle yourself immediately after the accident.

You must pay attention to, and collect, evidence. You need to keep a record of what you see. And what you say during this time can sometimes come back to haunt you.

Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. Without thinking, some people feel the need to say things like:

• "It's okay" or
• "It's not your fault" or even
• "It's my fault"

You might also feel the need to say you're okay and aren't injured. Saying such things is normal and won't likely ruin your chances of getting a settlement. But it could make personal injury negotiations more difficult, especially if you were heard by witnesses.

If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident.

First of all, don't sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You haven't even thought about personal injury negotiations yet, so why should you let them off the hook? As for any questions they'd ask, answer like you would on a police report.

Another essential piece of negotiating advice is this: Don't say anything that will imply negligence on your part. Don't even hint at it.

Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you. Unlike things you say to the other driver immediately after an accident, what you say here will all go down on paper.

In personal injury negotiations, you want to make sure you refer to your injuries in medical terms. Usually this just amounts to repeating things taken from your medical file, such as diagnoses. Don't use slang terms to refer to your injuries.

When negotiating insurance settlements there will be other times when you should watch what you say. The general rule to remember during your insurance claim processing is: you're not an expert.

Whether it's legal or medical, don't let anyone pressure you into saying something that isn't your place to say. If something's your fault, then it's someone else's job to prove it - and the same is true when determining the extent of your injuries.