How to negotiate with an insurance adjuster in a personal injury case

If you’ve filed a personal injury claim recently, seeking compensation for losses, you’ll probably have to negotiate with insurance adjusters. Dealing with a car accident insurer is a frustrating uphill battle; depending on how strong the facts are in your favor, the matter can be resolved with a few phone calls and submission of your medical records and property damage receipts, or it can drag on to the point of litigation.

If you’re badly injured, you may be in no condition for a drawn-out settlement negotiation. Working with an experienced Boca Raton car accident lawyer can take a lot of the stress of resolving your personal injury case off your shoulders and often give you a better chance of securing a fair settlement offer.

Even if you’ve filed a personal injury lawsuit against the party responsible for your injuries, your claim is more likely to be resolved out of court than before a jury.  So what does the settlement negotiation process look like, and what can you do to ensure you win?

What should I say to the other party’s insurance company?

The first step in knowing how to negotiate with an insurance adjuster is understanding what not to say. Remember that insurance adjusters work for the insurance company—not you. Their goal is to avoid paying out a large settlement amount (or any at all), and they’re trained to find any reason to minimize your claim value.

Usually, your personal injury law firm will advise you not to say anything at all to the insurance carrier representing the opposing party in your case, but if you do say anything, follow these tips:

• Remain calm and polite. You may be angry about your injuries, especially if you’ve been rendered disabled, and it’s easy to lash out at any representative of the party who caused them. However, anything you say can be turned into an admission of guilt or evidence that you’re not hurt as badly as you claim.
• Give as few details as possible. The insurance adjuster may ask for a statement. You’re not their customer, so you don’t have to give them one. Affirm that you are the injured party, and provide them with your name, address, and contact information, as well as the contact information for your lawyer. Your lawyers can act as your representative, so you can avoid sharing too much.
• Give only a general description of your injuries. You don’t need to give details, as whatever you say can get twisted. Simply tell the insurance adjuster that you are still under a doctor’s care.
• Have a settlement number in mind for damages. Your lawyer may have already sent a demand letter to the other party, detailing the extent of your losses and the amount of compensation to cover them. However, before this, you may have discussed a “good, better, best” settlement scenario, with the least acceptable amount. Any offer below that number can be rejected out of hand.

How a personal injury lawyer negotiates with insurance carriers

So what will your lawyer do?

Never take the first offer

We don’t jump at the first settlement offer. We know the first number rarely reflects the true value of your lost wages, medical costs, or pain and suffering. If the insurance adjuster offers a reasonable offer, though, we may extend a counteroffer just a little lower than the amount in the demand letter, showing that we’re reasonable and willing to compromise.

Make the insurer justify a low offer—in writing

If the initial offer is so low that it’s a clear negotiating tactic (to see if we know what your claim is truly worth), we ask that the carrier provide specific reasons why.

Depending on their replies, we may adjust our counteroffer, as the insurer may have access to evidence we do not, which could weaken your case.

Emphasize the emotional damage you suffered

One of the strongest points in your favor is the long-term impact that the accident and your injuries have had on your life. We note that the insured was clearly liable for the accident and your harm, that we are asking for reasonable compensation to cover medical costs, and that you’re suffering long-term difficulties as a result of the accident, including your ability to work or a loss of quality of life.

The bottom line? You have a much better chance of securing full compensation for your damages when working with a skilled personal injury attorney than you do trying to work out a settlement alone.

Protect your claim and take control of the negotiation

Insurance adjusters are trained to make you doubt the value of your claim, but that doesn’t mean you have to accept less than you deserve. When you understand your rights and approach the negotiation process with a clear strategy, you take back control.

At Lytal, Reiter, Smith, Ivey & Fronrath, we help injured Floridians protect their claims, push back against unfair settlement tactics, and recover the compensation they need to move forward. If you’ve been injured and you’re ready to negotiate from a position of strength, call us at (561) 655-1990 for a free consultation.