How to Invigorate Stalled Injury Negotiations

When negotiating an injury case with an insurance adjuster, there might come a time when the negotiation seems to be heading nowhere. The following tips may help you get things moving in such a case.

Persist

The first tip is not to give up. Just because the negotiation seems to have stalled, it doesn't mean that the process is over. In many cases, all you need is to persist with the process. Specifically, you should

• Keep calling the adjuster to demand a fair offer
• Keep writing to the adjuster demanding answers to your queries
• Keep asking for official reasoning for the adjuster's behavior - for example, if they are not answering your questions

Persistence often works since some adjusters use delaying tactics to get injury victims to accept lowball offers. In such a case, your persistence may show the adjuster that you are not the type to give up easily and accept whatever offer is on the table. Thus, the adjuster may resume the negotiations with a tangible offer.

Bring More Evidence

Another tip is to bolster your claim's evidence. Increasing your evidence arsenal won't hurt even if you had already presented adequate pieces of evidence. For example, you can:

• Submit more pictures of your injuries and damages
• Track down more witnesses who are willing to testify on your behalf
• Track down more video footage that shows your accident from different angles

The idea is to have overwhelming evidence and prove to the adjuster that you understand your case's value. Strong evidence also shows that you are likely to win if the case proceeds to trial.

Ask for the Supervisor

You can also escalate your claim by asking for the adjuster's supervisor. Maybe your personality is not compatible with the adjuster's, or you just want a different opinion from the insurance company.

Note that the adjuster might not immediately direct you to the supervisor, especially if the adjuster hasn't been active with your claim. However, you have the right to know the supervisor's name and contact. You may get a positive response from the adjuster merely by asking for their supervisor.

If you get to speak to the supervisor, explain your frustrations. Ask for written confirmation if the supervisor claims that the adjuster's actions represent the company's position on your claim. You can even ask for the claim's manager if the supervisor doesn't help.

Threaten Formal Proceedings

Another tactic is to inform the insurance company that you will initiate formal proceedings if they don't give you a reasonable offer. Formal proceedings include things like arbitration and litigation. Note that some cases have to go through arbitration, but you can file a lawsuit straight away if your case isn't one of them.

Insurance companies try to avoid formal proceedings at all costs because formal proceedings, especially lawsuits:

• Cost a lot of money in terms of legal fees, witness' fees, and court costs
• Take a long time to conclude
• Are unpredictable
• Can tarnish the defendant's reputation

Thus, threatening a lawsuit may spur the insurance company to up their offer.

Note, however, that you should only threaten formal proceedings if you mean it. Otherwise, you won't have a better option if the insurance company calls your bluff and you can't file a lawsuit.

Consult an Attorney

The last tip is to consult an attorney if you don't have one already. An attorney can help since:

• They are skilled negotiators
• They understand adjuster tactics
• They know how to value injury cases

An insurance adjuster will treat you seriously if you have a lawyer.

Wegner & Associates has the skills and experience you need for your personal injury case. We can help you whether you want to initiate an injury claim or are already dealing with an adjuster. Contact us for a free initial consultation to determine how to handle your case.