injury claims with insurance companies

Negotiations With an Insurance Company

If you’ve been involved in an auto accident, the general rule of thumb is to contact a personal injury attorney to begin formal negotiations with an insurance company to discuss a settlement.

In a perfect world, the other driver’s insurance company will agree to the terms of your personal injury claim, accept that their client played a pivotal role in your injuries, and give you the cash settlement you deserve to mitigate any further financial responsibility.

Unfortunately, this does not usually happen. Insurance companies, like any business, only value their interests – which is to save money. They will attempt to achieve this outcome to your detriment.

Many injured victims will attempt to negotiate with an insurance company on their own. Rarely will they get any satisfactory result. Typically, if an insurance company sees that you’re trying to discuss your claim with them while unrepresented,  they’re going to certainly try to undermine you. This includes getting you to say damaging things about your case that can be used in court against you.

Here is how this is normally done. The adjuster from the other insurance company will ask loaded questions such as:

  • Are you completely sure that you looked both ways…?
  • Did you wait a reasonable time before…?
  • Were you impaired in any way? Is your vision…?

Remember that typically, phone conversations with an insurance company are recorded. Any answer that isn’t definite, such as “I don’t know” or even “Uh…” can be used against you to dispute your claim.

For this reason, hiring a personal injury attorney is crucial to evening out the playing field against another insurance company.

The Insurance Company Will Present a Lowball Offer

A quick disclaimer – this can happen to anyone. Most people don’t know how much money they can receive in their personal injury claim. Concerned with the option of taking a large insurance company to court, they just take what they can get.

An insurance company will only make a preliminary offer if they feel threatened. If there was no merit to your case, they’ll simply refuse to pay you and happily go to court.

That is a clear attempt to give you a lowball offer that comes nowhere close to covering your medical bills and other related expenses. Law firms fully understand the worth of specific personal injury claims.

Successful firms like ours have fought a lot of cases like yours before. They can easily distinguish a lowball offer and call the insurance company’s bluff and use their desperation against them to present you with a fair settlement offer.

The Insurance Company Will Attempt To Deny Your Claim

When policies are unrepresented, this commonly happens. There could be various reasons why an insurance company will deny your claim, including:

  • They believe they can undermine your medical injuries.
  • They want to force a lowball offer.
  • They’re confident they can win.

Insurance companies will try to undermine your medical injuries as much as possible. They will claim that preexisting injuries played a factor in the pain you’re currently feeling. An experienced lawyer can spot this and present the facts during your case to make them reconsider.

Most civil claims are resolved out of court during external negotiations. Insurance companies employ expensive legal teams who charge them handsomely for each court appearance.

As a result, most insurance companies will quickly go to the negotiation table to save money, especially if they know they can’t win in court. Take solace in this fact and hire an attorney today.

Independent Medical Examination

In some cases, an insurance company will request an independent medical examination in court. This way, they can undermine your medical injuries. It is necessary to combat these with a skilled attorney.

This along, with your medical records, can eliminate the possibility of the court being persuaded by the independent medical examination in the first place.

You Should Hire a Lawyer

Ultimately, there are a lot of things that can go wrong, namely for you. The insurance company will rely on the chances of you going in alone or prematurely agreeing to a lowball settlement offer.

The moment you hire an attorney, they will take you more seriously. If you want to look out for yourself and your family and ensure that you receive fair compensation for your injuries, hiring a personal injury lawyer is the safest option.

Hire Us Today!

Making the choice of a lawyer can be challenging if you’ve never made the selection before. Give us a call at (864) 573-9688 to speak to a member of our legal team or click here to Request a Consultation.

Frequently Asked Questions (FAQs)

If you have any additional questions about insurance company negotiations, you can refer to the FAQs below.

Do insurance companies consider pain and suffering?

  • Pain and suffering is an intangible feeling. However, you can include this item in your claim and negotiate with an insurance company on this behalf.

How do insurance companies determine personal injury settlements?

  • Insurance companies use a basic formula (your medical bills + pain and suffering + lost wages = settlement amount) to determine the value of settlements.

How do you negotiate with insurance after an accident?

  • The first thing you should do is file a claim as soon as possible. Next, hire an attorney to make sure you are developing your damages, not saying things to jeopardize your case, and get the best outcome possible.
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