You’ve sustained injuries in a car accident. You then submitted your insurance demand letter to the at-fault party’s insurance company. They come back with an offer that is significantly lower than what you asked for.
How you as an injured party respond to this offer will determine the outcome of your personal injury lawsuit.
You’re in a Negotiation
Depending on what kind of personal injury lawsuit you have filed, the insurance company likely has an incentive to stall. That’s because insurance companies don’t just sit on the money that they’re paid by their clients. They actually invest that money. The longer the money stays invested, the more likely it is that it will accrue value and diminish their losses.
In other words, this is a negotiation. The longer you stay patient with the process, the more likely you are to receive the full value of your claim.
What you don’t want to do is call up the insurance adjuster or the defense attorney and start insulting them with spicy invective. You want to maintain your cool and stay professional.
Responding in Writing
Insurance adjusters are in the business of making money for their employer. That means their looking for reasons to deny or devalue your claim. Nonetheless, they are restricted by Washington laws in terms of what they can and cannot do.
For instance, if an insurance adjuster does not have sufficient information concerning your injuries, they’ll simply interpret that lack of information in favor of their employer. That’s their job. They’ll interpret ambiguities in police records in favor of their client.
You must then respond by focusing on their reasons. You will need to provide evidence for whatever claims you are making. In other words, you want to chip away at their justifications. If lack of information is a justification, you want to provide more information.
Next, you’ll want to up the ante. Specifically, that means focusing on non-economic damages. If you sustained a wrist injury in a fall, you have likely already described the incident and the subsequent surgeries it required.
Now, you want to start piling on. You want to describe your pain and suffering. You want to tell the insurance company about how you can’t play tennis anymore. You want them to know it makes it more difficult for you to type.
You Deserve what Your Damages Are
Reducing your number slightly is ok, but it’s important to remember that the insurance adjuster can and will stall indefinitely. On the other hand, insurance companies do not like it when cases go into litigation. The threat of litigation won’t scare them any, but cases are expensive to litigate. At that point, it’s a numbers game. Is the cost of sending the case before a judge and jury worth it?
You only get one chance to collect damages for your injury. Insurance companies bank on the fact that you’re probably hurting for cash, especially if you’ve missed time from work. They want to force your hand.
You, nonetheless, are entitled to the full value of your damages. That includes non-economic damages like pain and suffering or loss of enjoyment. The skilled personal injury attorneys at Kapuza Lighty PLLC have ensured excellent settlements for our clients. Don’t let the insurance companies dictate the outcome. Give us a call or contact us online and we’ll begin preparing your case immediately.