Whether you are an attorney handing a personal injury case, or you are an individual planning on dealing with the insurance company yourself, there are a few tips in getting the results that you want in negotiating a settlement.
#1 Be Polite
Insurance adjusters spend their whole day talking to people who are demanding money from their company. These conversations can be extremely adversarial, and a long day of dealing with angry claimants can really begin to wear on them, and understandably so. The initial tone of a letter or a phone call can set the pace to how fast and effective the settlement negotiations can be. Being polite to the insurance adjuster can only work in your favor, since it is likely that your initial conversation with them will not be your last. Furthermore, insurance adjusters will take notes on every conversation they have had with you. A simple note in their record, such as, “the claimant was very polite and patient,” can help your case stand out in a huge stack of disgruntled claimants.
#2 Be Assertive
While it is important to be polite, it is also important to appear confident. You want to show that you mean business. Remember, you are coming to them, and they are not obligated to hold your hand and guide you through the process. You need to show them that you are in charge, and that you have the confidence and fortitude to take it to the next level if you need to.
#3 Be Organized
Collect and organize all the relevant materials you will need before you talk to the adjuster. Promptly providing all of these materials shows the adjuster that you are organized and diligent. Keep records of your medical bills, photographs, property damage appraisals, repair estimates, and sworn statements from the claimants, the insured, and any witnesses. Remember, it is the adjuster’s job to determine whether the facts presented fall within the scope of the policy language, and he or she will only consider facts that are documented and supported by evidence. Recall the old saying, “garbage in, garbage out”; the quality and completeness of the documents presented to the adjuster will directly affect the quality of any settlement offer.
#4 Know What You Are Asking For
Or even better, know what the adjuster is looking for. Tailoring your strategy to focus on what the adjuster needs in order to complete your file can prove to be very helpful in negotiating a settlement. An insurance adjuster’s primary goal in handling a case is to close the claim. For this to happen, they are looking for proof in two things: proof of liability, and proof of damages. Therefore, it is imperative to have a proper and complete documentation and calculation of your damages. If there are any holes in your paperwork, the adjuster will spot it and delay the negotiation process.
#5 M.D. is Better than D.C.
Insurance adjusters are more impressed by the opinions of medical doctors than those of chiropractors. While it does not hurt to deliver the opinion of your chiropractor to the adjuster, it would beneficial to have an additional report by a licensed physician. Many times, solo reports from chiropractors, acupuncturists, physical therapists, and other professionals without the label of “M.D.” are instantly suspect.
#5 Know the “Red Flags” that Every Adjuster Looks For
Adjusters are always on the look out for “suspect” claims. Knowing some of the triggers can help you from accidently falling into the pitfall of insurance surveillance and scrutiny. A history of similar claims is never a good thing when dealing with an adjuster. Unfortunately, there is no way around your documented past, so gearing yourself up for an uphill battle may be the best formula. Furthermore, injuries and claims that occur at a “convenient” time are also suspect. If you have recently been laid off from your job, been through a divorce, or had a monetary judgment against you, the adjuster may suspect you of trying to make a quick buck on a bogus claim. Moreover, insurance adjusters are equally wary with regard to exaggerated claims, when the claimant’s disability seems out of proportion to the injury. Additionally, claims filed on the same day of the injury also seem dubious, and it is good practice to wait several days before contacting the insurance adjuster.
#6 If You Feel You are Over Your Head, Hire an Attorney
Insurance adjusters are well trained in getting you to accept their lowest offer, and once you have, there is no turning back, since a binding contract has now been formed. Many times, they will engage in tactics which result in you feeling like it is your best possible offer. Remember, they are trying to save their company money. In my experience, an insurance adjuster’s first offer is always outrageously low. If you feel like the insurance company has squeezed you into a corner, and that you have been taken advantage of, you may need to hire an attorney. Insurance companies are notorious for preying on the “lack of knowledge” they deem people to have when handling their own claims. Don’t be taken advantage of, and if need be, hire an attorney who will personally deal with the adjuster.
Good post Jami.