If you hire a lawyer, after making a personal injury claim, then that attorney takes on the job of negotiating with the insurance company. On the other hand, if you have not hired a lawyer, then you should study the facts about negotiating with the insurance company.
What remains in question at the start of the negotiations?
The claimant has yet to decide how much money he or she will agree to receive as compensation, after having presented a demand.
The insurance company has yet to determine how much money it will agree to give as compensation, after having made an initial offer.
The early steps in the negotiation process
The claimant sends a demand letter to the other driver’s insurance company. That letter contains details on the claim that has been filed. Personal Injury Lawyer in St John’s know that the adjuster responds to the letter and lists the weaknesses in the claim. The issues that are most-often in dispute relate to the coverage offered by the driver’s policy, the question of who was at fault, the extent of the claimant’s injuries, and the nature and extent of the treatment provided. The claimant responds to the adjuster’s arguments and makes an initial offer.
What might happen after the adjuster has made that opening offer?
If that offer seems reasonable, although a bit low, then the claimant sends a letter with a demand that is slightly lower than the one in the demand letter.
If the adjuster has made a low-ball offer, then the claimant needs to compose a letter in which the adjuster is asked to explain the reason for the extremely low offer.
If the adjuster’s offer was so high that it came close to the one in the demand letter, then the claimant should view that as a message. The adjuster’s offer has indicated that the claimant ought to reconsider the figure stated in the demand letter. It appears that the claimant ought to request more, in the way of compensation.
How do the 2 sides reach a settlement?
Each side alters its demand or offer, in response to the figure quoted by the other side. As the size of the claimant’s demand decreases and the size of the adjuster’s offer increases, the 2 sides eventually arrive at a figure that suits both of them.
After the 2 sides have reached that oral agreement, the claimant needs to ask the adjuster to put the agreement in writing. At the same time, the claimant should ask the adjuster when the promised check will be sent to the awaiting recipient (usually the claimant’s lawyer). The check gets sent to the lawyer. The lawyer takes his or her percentage/fee, and sends the rest to the client.