If you’re planning to file a personal injury claim after an accident, you will most likely have to negotiate with the other party’s insurance. Even if you have already taken the next step of filing a lawsuit, at one point during the settlement negotiations, you may reach an out-of-court resolution. After presenting the insurance firm with a clear demand letter and all the supporting documents, the negotiation will be much easier.
The Claim Process
Whether you write or make an informal correspondence, you and the insurance adjuster will make points about the strengths and weaknesses of the claim. The insurance adjuster will then make an offer that is lower than what you requested in the demand letter. You will then counter their offer with a higher amount that is lower than the original amount. The negotiation process will typically take two to three phone calls with the adjuster and agree on a settlement amount.
How to Get a Fair Settlement
Determine the damages you can collect
If you want to make a claim for property damage, there are specific types of damages you are entitled to:
- Vehicle damage
- Personal items damaged – some of the items you can be compensated for include a bike that was on the carrier or a computer that was in your vehicle and were damaged during the accident.
- Rental car expenses – your insurer will compensate you for the car you rented when your car was being repaired.
- Other out-of-pocket expenses, for example, the taxi you hired to get home or to your workplace from the accident scene or the police station.
Your insurance company will consider your settlement offer based on the supporting documentation you provide. In case you didn’t provide evidence to prove your claims, the insurance company will not compensate you for your loss on that part.
What if you were injured?
If you have suffered personal injuries, then the legal issues can be more complicated. Apart from damaged property, you’re also entitled to reimbursement for lost wages and medical expenses. What’s more, you can also claim for physical and mental pain resulting from the accident. Although you may feel confident to negotiate property damage, it is advisable that you work with Rosenfeld Injury Lawyers LLC. This is important because of the unique situation presented by the bodily injuries sustained and medical expenses incurred.
For instance, if you were treated and released from the ER, the other party’s insurer may approach you and try to make a quick settlement for only the expenses you have incurred up to that point. However, you might not have fully recovered. Additionally, you might not know the extent of your injuries. From a medical point of view, some symptoms appear after weeks or even months after the accident. Therefore, if you accept the quick settlement, and you later discover that you need more specialized treatment, you cannot make additional claims.
Bottom Line
You need to be patient and self-confident when making a personal injury claim. Filing and settling a personal injury claim can be quite a hassle. Additionally, seeing the settlement through can be time-consuming. Ultimately, it’s worth your time to fight for what you’re owed. Keep in mind that with the right information and supporting documents, you have already won half the battle.
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