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During the negotiating process, each of the 2 disputing parties tries to anticipate what the other side/party will do. Each side attempts to predict what the other side will want to take, or offer to give. The adjuster must give money; the claimant/victim gets to take it.
Brief review of the negotiating process
Negotiations start after the claimant has sent a demand letter to the adjuster. The adjuster’s response to that letter takes the form of a telephone call. During that call, the adjuster’s statements focus on the strengths of the defendant’s argument and the weaknesses in the claimant’s argument.
By making such statements, adjusters lay the groundwork for their next move, which consists of making an initial offer. That offer always falls far below the figure mentioned in the demand letter. That usually pushes the claimant to lower the initial demand to a slight degree.
In response to the changes made by the claimant, the adjuster’s offer may increase. That could persuade the victim/claimant to lower once again that initial demand. In response to that altered demand, the adjuster may again increase the insurance company’s offer. At that point, it becomes up to the claimant/victim to decide how to proceed.
Issues of significance during any negotiated dispute:
• What amount of coverage has been agreed to in the insurance policy?
• Who has been named as the at-fault party for the accident that initiated the dispute?
• To what extent was the victim injured?
• How extensive a treatment did the victim receive for the reported injuries? Was that treatment necessary?
How a victimized party should negotiate, in order to feel confident of winning a fair compensation?
Stay organized. Remain aware of the statute of limitations. Focus on meeting the stated deadline. Be patient when awaiting a response from the opposing side. Sometimes adjusters must speak with a superior before offering any new amount of money.
At the same time be persistent, if the response seems to take forever. Adjusters should respond to any counteroffer. Try to remain calm. It is alright to reference the emotional response to the accident-caused injuries. Still, no progress can be made if the insurer’s representatives must listen to emotionally charged statements. Present a logical argument.
Do not get pushed to agree to an early settlement. Smart victims do not agree to settle until those injured at the time of the accident have shown signs of a full recovery. A lawyer examines the victim’s medical report, in order to search for any evidence that such signs can be found in that same report. Injury Lawyers in Orillia understand how to fight an effort to push for an early settlement, as they can pressure an adjuster to make a higher offer.