| How to successfully negotiate personal injury | | | | matter and pay you an additional $2,500 on top of |
| insurance claim - Handling the First Call from the | | | | that! You won't have to submit a thing; we pretty |
| Insurance Adjuster | | | | much know what your medical treatments consist of. |
| No recording from the insurance adjuster | | | | My boss has only done this in two other cases that I |
| Remember, ABSOLUTELY NO RECORDING! This is a | | | | know of. That sounds pretty fair, doesn't it? I can |
| primary, cardinal Number One Rule. What you say | | | | have the paperwork prepared along with the check |
| CAN and WILL BE USED AGAINST YOU. She may | | | | to you in, say, two days. OK?" |
| try to get into your personal life: Are you married? | | | | WOW! You would swear some of these adjusters |
| Do you have kids? Where do you work? What do | | | | could sell used cars and do quite well at it. She is not |
| you do? Etc. Again, deflect all of those questions and | | | | doing you any favors at all. What she is doing is |
| tell her there will be more than sufficient time for you | | | | nothing you want any part of; she is trying to avoid |
| to present that information as part of your | | | | what she sees as the possibility of extensive |
| background in your settlement claim. She has no right | | | | damages. Insurance companies do not want to hang |
| to the information at this time and do not participate | | | | around on the payment end of a heavy damages |
| in giving it to her. | | | | claim as they watch the medical expenses increase |
| She is going to want to know your version of the | | | | and the pain and suffering award grow. Of course |
| accident. You can't believe how sweetly the question | | | | every early settlement offer is not the sign of a |
| will come because it sounds like she wants to be | | | | particularly strong case; some cases with simple |
| your "good neighbor" and friend. Just remember her | | | | damages need to be settled early. |
| "good hands" are on your wallet and anything you | | | | The key to knowing when avoid the overtures to |
| say about the accident or your treatment WILL | | | | early settlement is to focus on your injuries: if they |
| work to your disadvantage later on. Tell her very | | | | are simple and you completed all necessary medical |
| politely that you do not wish to give any statement | | | | treatment after only one or two visits, there is |
| whatsoever regarding "my" version or any version of | | | | nothing wrong with entertaining an early settlement |
| the accident. Tell her that you will be glad to discuss | | | | offer. Just make sure she has all the information |
| the facts further at the appropriate time. Tell her you | | | | from you and your doctors before she formulates |
| will be making a written demand for compensation | | | | her offer. And make sure you counter her offer at a |
| and it will include a complete description of the | | | | higher amount than you actually want. |
| accident. | | | | On the other hand, as is most often the case when |
| She is going to want to know where you went for | | | | an insurance adjuster is anxious to settle, if your |
| treatment, and, by the way, how are you feeling | | | | injuries are more severe, or will take some longer |
| today, and-oh-what did your doctors tell you about | | | | time for a course of treatments, then she is trying |
| your injuries. NEVER, EVER, GIVE HER THIS | | | | to buy a settlement on the cheap, and you need to |
| INFORMATION EARLY ON. | | | | politely decline her overtures. Do not be one of the |
| There is not one thing in that request that cannot | | | | crowd that accepts an unsatisfactory settlement |
| wait your sending to her a brief paragraph in writing. | | | | offer. Most people are so overjoyed to know they |
| The reason why she wins and you lose-big time-if | | | | will not have to fight for a settlement that they |
| you answer is that at this early stage, you do not | | | | jump at the first offer. |
| know what is important or not important about any | | | | Plus she has worked in a neat little factor in her |
| of those topics. But believe us, much is at risk, | | | | presentation to induce you to settle because you |
| because in the informal format of the interview you | | | | might feel beholden to both her and her supervisor. |
| will not think to include everything. And although it | | | | Do you recall (from the example above) how she |
| sounds informal, once you give a statement, it may | | | | told you about going to bat for you and your award, |
| as well be etched in stone. | | | | and how her supervisor also went along, in a rare |
| See, she will ask you when you are finished speaking | | | | show of compassion?? The natural reaction of most |
| whether or not there is anything else you can | | | | people (because they are gullible enough to believe |
| remember that you want to add. Then, so far as the | | | | her) is to be in awe of-and thankful for-all she has |
| insurance company is concerned, you have just | | | | done for them. "Gosh, look what they did for me; |
| committed yourself to that particular set of facts. | | | | they really care about me and my well-being; they |
| YOU CANNOT LATER COME AND CHANGE THINGS | | | | really went out on a limb for me to make this offer." |
| WITHOUT AROUSING SUSPICION AND | | | | Can you see how making you feel indebted to her |
| RESISTENCE. | | | | and her supervisor makes you want to believe that |
| Keep Your Resolve | | | | what she has done is fair, and it would be in bad |
| With respect to the second rule, keep your resolve. | | | | taste to go against all they have arranged and ask |
| She is trying to intimidate you and to discourage you | | | | for much-if any at all-more money? This is nothing |
| from proceeding with full vigor by arguing "no liability" | | | | more than a pleasant way to intimidate the poor |
| at the outset. She knows that her insured owes you | | | | victim from seeking his rights. Instead of threats and |
| something and she is trying to deflate your | | | | harsh talk, she has used honey, but make no |
| enthusiasm for documenting and submitting your | | | | mistake: her purpose is to undermine your resolve to |
| claim. You do not have to get into a debate with her, | | | | push forward toward a fair settlement. And if you |
| or prove her wrong on the phone. Calmly state that | | | | listen to her, she has won with sweet intimidation. |
| you are sure that she, as a professional, would not | | | | What is the key to avoiding this trap? First, this |
| make a decision on partial facts and that once she | | | | advice only applies if you do have a case involving |
| has your complete demand package she will agree | | | | something more than just one visit or two to the |
| with your assessment. | | | | doctor. If that is your situation, then when she starts |
| Then say goodbye and get off the phone. DO NOT | | | | to sell you on an early settlement, the key is: DO |
| engage her in idle banter; she has no facts to go on | | | | NOT EVEN LISTEN TO HER. DO NOT LET HER GET |
| and all she is doing has nothing positive in it for you, | | | | HER PROPOSAL OUT ON THE TABLE. SHUT HER |
| so don't accept her invitation to spar at this time. | | | | DOWN; TELL HER IT IS FAR TOO EARLY TO MAKE |
| Once you are free of her, read more of this website | | | | ANY SUCH OFFER, AND YOU DO NOT INTEND TO |
| to understand the strengths and weaknesses of | | | | SELL YOUR CLAIM SHORT. USE THOSE EXACT |
| your case. | | | | WORDS. And end that topic of conversation. Why |
| Resist Overtures toward an Early Settlement | | | | should you say this, isn't that rude? |
| The third ground rule is to resist her overtures | | | | No, what she is trying to do to you is rude. If you |
| toward an early settlement. If you do have a | | | | even so much as ask her what the offer is, then she |
| particularly strong case, both in terms of liability and | | | | has won a BIG part of her battle; you have shown a |
| severe bodily injury, you can expect that the | | | | big weakness because you have shown an interest in |
| adjuster is going to try to settle the claim early. She | | | | settling before you've resolved your medical care. |
| may not try it during the first call, but somewhere | | | | The proper response is to politely tell her that you |
| early on, she is going to indicate that the case is one | | | | are under medical care and treatment and that when |
| of clear liability against her insured and that she has a | | | | you are stabilized, you will present her a demand |
| fair offer for you. She may even blurt out a proposal: | | | | package and then learn her value of the claim. Tell |
| "I cleared this with my supervisor because we feel | | | | her that you don't believe she could possibly have an |
| so bad about what happened to you. He authorized | | | | understanding of the value of the claim because she |
| me to take care of all your medical expenses in this | | | | has not received medical information. |