Someone that has become the victim of an accident has the right to file a personal injury claim. The process of filing such a claim begins with submission of a demand letter, along with supporting documents. That letter gets sent to the insurance company for the responsible party. Negotiations begin following submission of that letter.
The basic pattern used throughout the negotiating process
The claimant should have a minimum figure in mind. Still, that figure does not get mentioned, during negotiations with the adjuster from the Insurance company. Both the adjuster and the claimant make clear their points.
After each side has declared its points, the adjuster offers an amount that is less than what was demanded. The claimant then responds with an offer that is higher than the adjuster’s figure but lower than the amount stated in the demand letter.
The claimant listens for divulgence of any new information. Sometimes such information triggers a change in the claimant’s minimum figure. Such a change comes about as the negotiating process gets repeated 2 to 3 times.
An event that might get added to the negotiating process
At times, there is a break in the negotiating process. That break occurs when the insurance company sends a reservation of rights letter to the claimant. That same letter states that the insurer is investigating the filed claim. That means that the victim will get paid if the accident is covered by the plaintiff’s policy.
At other times, the claimant wants the adjuster to justify an exceedingly low offer. Consequently, the claimant asks for a written justification of that same offer. That justification should be sent to the person that has filed the claim. Claimant must wait for a reply. Still, if the adjuster and claimant speak with each other over the phone, the claimant can ask about the requested justification.
Tactics to use as an agreement on a settlement figure nears
Claimant should emphasize his or her emotional points, along with any strong points. It helps to focus on the victim’s pain and suffering. That way the claimant has greater latitude for increasing the size of the demanded award. The adjuster finds it hard to argue for a lower figure.
Do not accept a settlement until the victim has fully recovered. Be sure to consider any injuries suffered by the passengers. Do not get trapped into agreeing to an early settlement.
Personal injury lawyer in Cornwall is sure to get the settlement’s details in writing. Remember, the decision reached by negotiations cannot be appealed. Still, both sides have more control over the figure on which the two sides finally settle. In other words, participation in the negotiating process provides greater certainty that a courtroom decision.