The settlement you receive from your car accident case results from your legal team’s ability to negotiate with the insurance companies and to advocate for fair compensation. In helping you successfully negotiate your car accident settlement, this post will explain the negotiating process and the steps leading towards the final settlement.
The Initial Call with The Claims Adjuster
The claims adjuster will be the initial point of contact during the car accident settlement negotiation. They represent the insurance company, and their role is to protect the company’s bottom line during the negotiation process.
Many car accident injury victims mistakenly believe their insurance company is on their side during the negotiations. After all, you’ve been paying premiums for several years and have a good relationship with the firm. You may be shocked at the initial offer from your insurance adjuster. Their first offer is likely their lowest figure – an amount they believe you’ll accept that limits the financial impact for the insurance company.
Below are a few elements to consider when first communicating with a claims adjuster:
- Do not admit fault
Resist the urge to take any responsibility for the accident or imply that you were somehow involved in causing it. The insurance company will conduct its own investigation of the accident, and the adjuster may use any admission of fault to reduce your settlement.
- Do not argue
The adjuster trains in communicating with accident victims and handling objections to their conclusions. Arguing and attempting to persuade them will only harm your case and may limit the number of times the company follows up with you.
- You don’t have to answer their questions
Your only responsibility when the insurance company calls is to admit your name and contact details. You can direct all other questions to your car accident attorney. They will be in a far better position to negotiate on your behalf.
A Claim Denial Does Not Mean The End of Your Car Accident Case
Many car accident victims fall into the trap of believing once the insurance company has denied their claim, their claim is over. In most cases, you can and should file a case appeal alongside a car accident attorney.
There are many reasons for an insurance company to review your case again after an appeal. For example, new evidence may have come to light after the first insurance investigation. In some cases, a denial results from a filing error by the insurance company. Or the insurance company may determine the injuries pre-exist your car accident.
When you hire a car accident lawyer to represent you after a claim denial, they can contact the insurance adjuster and ask for the paperwork behind your claim. They’ll review all the details from the insurance company and pinpoint potential areas for claims negotiation.
Steps Your Car Accident Lawyer Will Take During Negotiations
Issuing a Demand Letter
The demand letter is your opening gambit in the insurance negotiation process. Your car accident attorney will help you expertly craft a demand letter to illustrate your case for the insurance company. Your demand letter will highlight the circumstances of the case, present evidence for your injuries, and set a demand amount for your settlement.
It may take several weeks for the insurance company to respond to the demand letter, but their response will generally include one of the following:
Denial
If they outright deny your claim, the insurance company may claim that your policy doesn’t cover your injuries or find that you are responsible for the accident and your injuries. Your lawyer will then guide you in filing an appeal.
Offer
At the offer stage of the car accident claim, the insurance company may present a settlement offer. The settlement size and relative value generally depend on the weight of evidence in your favor within the original demand letter.
Your car accident attorney can help you determine the response to the offer and will be instrumental in assessing whether you accept or negotiate further. You can read more about car accident settlements in our recent post.
Request for Evidence
A follow-up to a demand letter may include a request for additional evidence. Insurance companies may require more medical details to support your injury claim. For example, they might request X-rays or lab tests that confirm your injury. Your response to a request for further evidence of your claim involves a conversation between yourself, your lawyer, and your medical team.
Acceptance
On rare occasions, the insurance company will accept the terms in your demand letter. In this scenario, the insurance company will send the paperwork for you to sign and detail the process through which you’ll receive your settlement claim.
Filing a Car Accident Lawsuit
In cases where the insurance company is taking its time to respond to the demand letter, the attorney may recommend filing a car accident lawsuit to take the case to court. While 95% of cases settle outside of court, filing a lawsuit, or the intention to file a lawsuit, may bring the insurance company to the negotiating table and streamline the negotiating process.
Common Car Accident Claims Negotiation Questions
After a car accident, you and your family likely have several questions regarding the car accident settlement and the negotiation process with the insurance companies. Below are some of the more common questions car accident victims face when beginning to negotiate their settlements.
- Will I Pay Out of Pocket for a Car Accident Lawyer?
When hiring a car accident lawyer like Jeffrey Penneys, you only pay a fee if you win a settlement in your case. This payment structure ensures car accident victims don’t have to think twice about hiring a qualified accident attorney for their case.
- How Long Do Car Accident Settlement Negotiations Take?
There is no set time frame for car accident claims negotiations. The time between beginning the case and the final settlement is related to the accident attorney’s ability to negotiate, the weight of evidence in your claim, and the insurance company’s willingness to negotiate fairly. Research shows the average car accident claim takes three to six months to settle.
- I Was Hurt in an Accident That Wasn’t My Fault. Now the Other Driver’s Insurance Adjuster is Trying to Contact Me – What Should I Do?
The insurance adjuster of the other driver’s insurance company is likely trying to get you to give a recorded statement that will then count against you in any subsequent settlement negotiations. Speak with a car accident lawyer as soon as possible to respond to the insurance adjuster and determine your best next step.
- Which Other Parties Can I Sue for Car Accident Injuries?
Car accident claims negotiations can become more complicated with a number of counterparties involved. For example, investigators may find a manufacturing defect is responsible for your car accident. Therefore, you may have a case against the auto manufacturer for negligence.
Mechanics, other drivers, and even passengers can be responsible for car accident injuries. Your auto accident lawyer will examine the facts of your case and help you determine the potential involvement of other parties.
Start Your Car Accident Claim with Over 25 Years of Negotiating Experience Behind You
Leading Philadelphia car accident attorney Jeffrey Penneys has helped victims throughout the state recover fair settlements for the impact of accidents on their lives and the lives of their families. He is a trusted advocate for car accident victims and can help you fight your claim by acting on your behalf in insurance company negotiations.
Ready to start your free no-obligation car accident case review? Call the Law Offices of Jeffrey Penneys at 215-771-0430.
Car Accident Resources
Learn more about Car accidents in Philadelphia with the following resources:
- Car Accident Laws in Pennsylvania
- What is the average Pennsylvania car accident settlement?
- What to do if your car accident claim is denied?
- How long do you have to get a lawyer after a car accident?
- Should you hire a lawyer after a car accident?
- Can you sue a pedestrian for a car accident?
- Should you hire a personal injury lawyer if you’re not at fault?
- Dont give a recorded statement after a car accident
- What to do when your insurance claim is denied?
- When should you worry about a car accident pain?
- The leading causes of deadly teen car accidents