Dealing With An Insurance Company in a Personal Injury Case

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Kind of Records Should I Keep?

Take thorough and in-depth notes about the incident, including who was involved, what transpired, when and where it occurred, etc.

You’ll need supporting documentation for your claims. It may be essential to your case that you document any injuries to you or your property and any other people, vehicles, or animals there. Testimony from the person who did the work could also be useful if you need to see the doctor or the hospital or if your car or other property has to be repaired.

What Are Some Tactics for Negotiating With My Insurance Provider?

Consider your options carefully before accepting the insurance company’s initial offer, which is probably at the low end of what you could be given.

Do not lie next, and this is quite vital. If you are detected, lying or willful exaggeration won’t help you get what you genuinely deserve.

Additionally, you must deliver a legal demand letter. Your narrative of the incident, the injuries you sustained, the medical care you needed, and any missed wages your injuries should all be included in this form.

Dealing With the Insurance Company in Settlement Negotiations

Here is what to anticipate if you want to submit a personal injury claim for damages to the at-fault driver’s insurance provider.

Step 1: Compile the Data You Need for Your Claim
Getting information regarding your accident is the first thing you must do. The insurance details of the at-fault driver are most crucial. The other driver or a copy of the accident report will have the information you require.

You must also gather standard details concerning your accident, such as the location, location, date, parties involved, and injuries suffered.

As soon as you have all this data, you can submit your personal injury claim.

Step 2: File Your Personal Injury Claim
Getting in touch with the negligent driver’s insurance provider as soon as possible following your collision is crucial. Many businesses have time restrictions on when you can contact them after an accident. Some businesses even limit the claims window to 24 hours following a collision.

The claim’s objective is to notify them that you have been hurt by one of their insured drivers and want to pursue compensation. Most businesses let you file an online personal injury claim. Some will accept your claim via mail or telephone. Include information about any property damage and all personal injuries you’ve sustained when you make a claim.

You must wait for the insurance company to respond after you file your claim. You’ll typically be interacting with an insurance claims adjuster. You will receive a Reservation of Rights (ROR) letter from the adjuster. This letter merely acknowledges that we have received your claim and that the adjuster will look into the incident. The ROR will also detail how the insurance provider is not admitting blame or culpability.

Step 3: Describe Your Damages and Request Reimbursement
You will have the chance to submit a demand letter after you’ve received the adjuster’s letter reserving your rights. When should this letter be delivered? It varies. Waiting until you are recovered or have made significant progress in your recovery may be beneficial. This is due to how much simpler it will be to precisely pinpoint your accident-related expenses and losses.

Getting the money you deserve could be more challenging if you project your costs and losses.
What information ought to be in your letter of demand? This is your chance to outline what occurred, offer proof to back up your claims, and ask for substantial restitution. It’s crucial to be as specific and exhaustive as possible when describing the severity of your injuries and the expenses you’ve racked up.

In detail, list all expenses for medical care, rehabilitation, nursing care, disability, lost wages, and property damage. These expenditures and expenses will be added up to determine your “economic” or “special” damages.

You can evaluate your “general” or “non-economic” damages once you have determined your economic damages. These are given as compensation for things like emotional distress or grief and suffering. These losses can be challenging to estimate.

After determining your level of suffering, multiply your financial losses by a number between 2 and 5. The multiplier should increase when your injury gets worse.

Step 4: Examine the First Settlement Offer from the Insurance Company
The insurance provider must reply as soon as they get your demand letter. They don’t need to reply to you, though. They’ll likely attribute any delays to the adjuster’s ongoing investigation of your accident and claim. But in reality, they’re probably just attempting to challenge your patience and get you to take whatever offer they make.

Realizing that insurance companies are not acting in your best interests is critical. They are profit-driven businesses and will take all necessary measures to reduce any reward you receive. As a result, they will probably go over your demand letter and make an offer that is significantly less than what you are requesting.

How do they arrive at their initial settlement proposal? They will evaluate your claim and make preparations for potential future litigation. What would the jury decide if they were given this case? The insurance company will likely make a very low offer if they don’t believe you’ll prevail in court.

They’ll back up their offer by claiming that your request is excessive, given the kind of injury you’ve suffered.

The initial settlement proposal from the insurance company will undoubtedly be demeaning to you. It has little to no possibility of covering all your accident-related expenses. You might feel compelled to accept that meager offer, though. Why? The insurance adjuster will take advantage of your emotions to manipulate you.

It can be stated that this is a one-time offer that ends in 24 hours. They can insinuate that you contributed to the accident somehow and tell you that you’re lucky to have received an offer.

It’s critical to realize that accepting the insurance provider’s initial offer can be risky. You will be required to sign a waiver when you accept. Due to this waiver, you are no longer allowed to seek additional compensation for this accident. You’ll therefore be stuck with the meager compensation the insurance company provided.

Step 5: Make a Counteroffer
You can make a counteroffer in response to the insurance company’s initial settlement offer. You have two options: go all in and demand the amount or amounts you first asked for, or compromise. It will be in your best interest to demonstrate that you are open to negotiating.

Your counteroffer should emphasize the severity of your wounds and the level of suffering you have endured as a result of the negligent driving. Make it abundantly apparent that you are committed to obtaining a reasonable and significant settlement offer. Their insured driver injured you, and you’re asking for the damages you’re due.

Step 6: Consult a Personal Injury Lawyer and Think About Taking Legal Action
Your counteroffer will receive feedback from the insurance provider. They might accept your offer, albeit it only happens sometimes. If they believe you would win if the cases went to trial, this is what will probably happen. The insurance provider will typically reject your offer or make a counteroffer; however, this is only sometimes the case.

The insurance company might be open to some negotiating, but eventually, they will make a final offer. When this occurs, assessing whether you’ve made any progress is critical. Have you received a better offer from the insurance provider? Has a sum that will cover all of your charges and expenses been agreed upon by them?

If so, taking the last offer after some back and forth is not a bad idea. However, never accept a poor offer merely to avoid getting nothing. The choice to work with a lawyer and file a personal injury case is always available.

You can file a lawsuit if the insurance company’s offer does not satisfy you. An insurance provider may be sufficiently intimidated into offering a fair settlement by hiring a personal injury lawyer and threatening to initiate a lawsuit.

You will still have the chance to have a knowledgeable legal representative fight for compensation on your behalf, even if they don’t. Doing this will give you a better chance of maximizing your financial recovery.

Do I Need Legal Counsel?

It would be wise to retain a personal injury attorney. A lawyer can assist you in drafting a formal demand letter and ensure that it contains all the necessary information if you decide to do so.

It is also a good idea to have your lawyer review any documents you are asked to sign by the insurance company. Your rights may be significantly affected or even restricted by documents like waivers, releases, or payment acknowledgments. It’s to your best advantage to sign these contracts as is or to renegotiate the conditions with the help of an attorney who can explain what they represent.

Law Library Disclaimer


16 people have successfully posted their cases

Find a Lawyer