Negotiation Style: How Insurance Adjusters Handle Settlement Negotiations...

Your negotiation style will differ from the insurance adjuster's style. After all, they've got dozens of claims to sort through at any given time. They want to get your case out of their way. But at the same time, a long delay won't cost them anything but desk space.

With this in mind, there are some styles of negotiating the adjuster might use which you should be prepared for.

First of all, you're dealing with someone who's doing their job. They are at work when you talk to them. They aren't at home, like you, or taking a break to settle personal business.

Furthermore, they're human. Nothing says that the insurance adjuster's negotiation style has to exhibit as much patience as yours. Maybe they're having a rough day at work or maybe that's just how they communicate. While it could help them in the long run, they don't have to impress you.

On the other hand, they might have a negotiation style that involves nothing more than impressing you. The insurance adjuster knows the claims business inside and out and they'll assume that you don't. They can use that as leverage by "teaching" you the rules and explaining the steps you have to take.

This is a way of manipulating you; but you can let them have their say. Once you show them you know how the personal injury claim process works they won't likely try to manipulate you again.

The other side of that equation is that they don't know nearly as much about your claim as you do...

• You were at the scene of the accident and they weren't.
• You spoke to all the doctors and they didn't.
• You dealt with witnesses directly and, in almost all cases, the insurance adjuster only gets written statements.

Except in very special situations, you're probably dealing with an adjuster that has no medical or specific legal background. This means their negotiation style won't involve firing off medical and legal facts.

If you reference your medical evidence thoroughly, the adjuster won't be able to prove you wrong. In short, they know the business, but you know the case.

The insurance adjuster will start negotiations by trying to prove there's no liability on the part of their insured. This won't last long if you're ready to state your case and reference your documented evidence clearly.

They'll do their best to look past the dramatics and the incidental facts, and then offer you a low settlement they'll say is fair. Without a doubt, this offer will be lower than what you demanded in your letter.

Their offer will come in a letter or a quick phone call and then they'll wait for you to accept or refuse it. They won't pursue you for an answer, because now it's out of their hands. Not getting a response to their offer does mean that your file stays open, but it doesn't mean they ever have to touch it again.

Only when you refuse the offer will they re-start negotiations. At that time the insurance adjuster will hear your new demands and the process starts over again.