You negotiate with insurance adjusters by phone and in writing. Negotiations take place before accepting a settlement offer. They typically involve reviewing the facts and discoverable evidence, obtaining expert opinions, and participating in back-and-forth communications.
An insurance company may owe you an equitable settlement for injuries caused by someone else. However, you may quickly discover a significant disparity between your expectations and the insurance adjuster’s assessment of damages. Ensure you enlist legal help as early on in your case as possible to avoid accepting a lesser settlement than you deserve.
In This Article
San Miguel County personal injury lawyer Marc A. Grano offers five steps for negotiating with insurance adjusters after an accident and where you can get legal help in New Mexico. Grano Law Offices, P.C. wrote this post to help you understand your general legal options and rights after an accident.
Step 1. Avoid These Mistakes
Never fall for the first offer when negotiating an insurance settlement. In many cases, the first offer may not account for all of your losses. Do not sign a settlement agreement and talk to a personal injury attorney as soon as possible about your case.
Consider the following tips when presented with the first offer:
- Tip #1. Do not make any verbal or written acceptance statements.
- Tip #2. Inform the insurance adjuster that you want to review it first.
- Tip #3. Take a few days to review the settlement with a lawyer.
- Tip #4. Determine if the settlement covers your losses.
- Tip #5. If not, start negotiating with the insurance company
Important: If you accept a lowball settlement, you cannot ask for more money in the future. For example, some people with personal injuries discover that they are far worse than initially thought. Unfortunately, they already accepted the insurance settlement for that accident and lost their right to additional compensation.
Step 2. Review Your Initial Settlement Offer or Denial
Take the time to negotiate past the first offer and exercise patience. Remaining impartial is challenging during settlement negotiations due to the level of risk at stake for accident victims.
However, it is critical that you avoid becoming intertwined emotionally in the process or when speaking with the insurance company adjuster and ensure that you carry out the following:
- Ask the insurance company for a copy of the relevant policy and review it
- Write down what an ideal counteroffer would look like
- Treat the insurance adjuster with respect
- Respond to information requests within a reasonable period
- Organize your counteroffer
- Present your demand
- Share any concrete, factual evidence that proves your allegations
- Wait for the insurance company’s response
- Continue negotiating if they do not offer you the requested amount
You should not have to settle for less when presented with a lower amount. You should also avoid making self-incriminating statements that can haunt your case later. Think strategically and only say what is necessary throughout the process.
Step 3. Communicate Physical and Emotional Damages
You must adequately communicate the emotional and physical harm you endured. If you can prove your losses, you can recover compensation for these damages as well.
Examples of recoverable personal injury damages include:
- Medical expenses (current/future)
- Lost wages (current/future)
- Pain and suffering damages
- Other recoverable awards
It is challenging, however, to estimate the above-referenced damages. You will need to provide evidence that speaks to the facts and circumstances. A personal injury lawyer in New Mexico has the skills and experience necessary to assist.
Step 4. Get Started on Your Case ASAP
When medical bills are piling up, it can feel like a lifetime. It can take a while to negotiate a settlement following a car accident. Despite the lengthy nature of the settlement process, your claim should be handled as efficiently and effectively as possible.
Civil deadlines apply, so you should work on preparing your case as soon as possible. If you miss any case deadlines, you negatively impact the outcome of your case, including a claim denial or lawsuit dismissal. Make sure and talk to a personal injury attorney about your case as quickly as possible in order to best protect your potential claim.
Step 5. Hire an Experienced Personal Injury Attorney
The legal process can be complicated and overwhelming for those unfamiliar with personal injury claims. By hiring a New Mexico personal injury attorney, you can receive the guidance and support you require throughout the claim process.
Here are a few key advantages to consider:
- Advantage #1. We can establish the value of your case.
- Advantage #2. We have a strong command of the legal system.
- Advantage #3. We want to obtain as much compensation for you as possible.
- Advantage #4. We want you to get the proper medical care you deserve.
- Advantage #5. We will file a civil action if the insurer does not pay.
Most personal injury cases do not proceed to trial. This is because most personal injury claims settle before reaching the courtroom. However, demonstrating that you are prepared with a qualified personal injury attorney shows the insurer that you mean business.
