If you have been injured in an accident and are seeking compensation, chances are that you and your lawyer will be dealing with an insurance company. If you live in Virginia, there are no more knowledgeable and experienced personal injury attorneys than Howard, Morrison, Ross and Whelan. Give us a call today or visit: http://www.hmrwlaw.com/business-law/.
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How the Insurance Negotiation Process Works
1. How the Insurance Negotiation Process Works
If you have been injured in an accident and are seeking compensation, chances are that you and your
lawyer will be dealing with an insurance company. Insurance companies are in a unique position
because they are under contract to pay fair compensation, but they have a business interest in paying as
little as possible to maximize profit. That means that they will frequently play hardball at first by
delaying, undervaluing or refusing a claim, but faced with a little legal pressure, they will often quickly
offer a more reasonable settlement.
That means that negotiation is, for many cases, the most important part of the personal injury process.
In some cases an insurance company will refuse to be reasonable and the case will go to court, but with
good negotiation they will usually offer to pay.
Here’s what to expect when negotiating:
Your attorney will open the exchange by sending a letter of demand. This letter will clearly state
your case, the evidence, and the amount you seek. You are unlikely to receive this amount – it
will get bargained down in negotiation – so view it as the high end of the range of fair
settlements.
At no time should you accept a check from your insurance company or sign anything unless
your lawyer advises you to. Often, insurers will attempt to dissuade you from fighting for a big
settlement by offering a quick (but low) payment. Don’t take it.
Once you’ve hired a lawyer, all contact with the insurer should go through them. If you receive
letters from the insurer, give them to your lawyer. If you receive a phone call, explain that you
have hired a lawyer, give them the lawyer’s contact information, and end the conversation.
Insurance adjusters will offer an amount much lower than your lawyer’s initial request. Most
likely, the negotiation will then proceed toward a final amount somewhere in between these two
extremes. Your lawyer will fight for you, but sometimes the adjuster will raise a point – or a
piece of evidence – that your side didn’t previously know about. In such cases, your lawyer may
think it’s smarter to go for a lower amount.
Your lawyer will always consult you about the final amount offered. They cannot accept the
settlement without your approval, and if you disagree, you can ask them to keep trying – but
you should typically listen to your lawyer’s advice. If they say a higher amount is unlikely, it
probably is.
If you’re facing injuries from an accident, don’t go against an insurance company on your own. Hire a
personal injury lawyer to help you. If you live in Virginia, there are no more knowledgeable and
experienced personal injury attorneys than Howard, Morrison, Ross and Whelan. Give us a call today
or visit: http://www.hmrwlaw.com/business-law/.