In case of a car accident, if you have made a claim with the negligent driver’s insurance company for either property damage to your vehicle, bodily injury, or both, at some point, after providing the adjuster with all of the requested documentation, you will need to negotiate a settlement of your claim. In most cases, the adjuster will be the one to make the first move and offer you a settlement amount. But if you have a definite opinion on the value of your claim, you don’t have to wait for his or her offer. You may write a demand letter with the figure you believe your claim is worth. You will receiver respond in due course with a counter-offer. If you come to an agreement on a figure – great! It’s settled.
But suppose that the adjuster makes an offer much lower than you counted on. Take into account that adjusters have a settlement range and will typically begin at the lowest figure. The fact is that their job is to settle the claim for the least possible amount of money. You can venture into back-and-forth negotiations for a while, but no matter how long you have been negotiating, when he gets to the top of his range, there will be no further offers.
The following are some options to bring your claim closer to settlement, even if you have reached an impasse:
• Seek advice from an car accident lawyer to determine if the settlement amount you have in mind is a reasonable amount based on the facts and documentation.
• If you want to continue negotiating on your own without an attorney, write a letter to the insurance company to support the value you have placed on your claim. You can include any additional documentation and/or information not previously provided.
• Go up the chain of command and speak to the adjuster’s supervisor or manager. Adjusters get their dollar authority to settle from their higher-ups and may not have convinced them the claim is worth more than what is being offered. Maybe you can convince them.
• Request alternative dispute resolution (mediation or arbitration).
• File a Complaint with your state’s Department of Insurance.
• Hire an attorney to continue the negotiations for you; most people are not born negotiators.
When your car accident attorney reaches an impasse and is convinced your case has greater value than the insurance company is assigning it, that’s when you file a lawsuit against the negligent driver to have the court decide.
Keep in mind that if you are having trouble resolving a claim with your own insurance company, for example, an uninsured motorist claim or a collision claim where your vehicle was deemed a total loss, you also have options. You can not only file a complaint with the Department of Insurance, but you may sue your insurance company for Bad Faith. Make sure to hire an attorney who is well versed in insurance bad faith cases.
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