If you are filing a personal injury case, there is also a huge chance that you will be dealing with an insurance company. It is given that once you got involved in a car or auto accident, medical malpractice, dog bites, slip fall, or even any verbal or physical abuse, anyone who is involved in one of these kinds of negligence or irresponsibility towards you will be asked to provide you with compensation, often issued by their own insurance company. Thus, since you will be dealing related factors on charges, compensation, and insurance company, it is crucial that you fully understand how to properly negotiate and handle insurance liability claims.
Insurance adjusters are frequently assigned to personal injury cases and they are in charge to investigate facts, determining how much a specific case is worth. However, they do not work for you nor are interested in making sure you get the fair and just compensation, rather, they work for the insurance company in order to keep the payouts as low as possible (to gain more profits).
Even though insurance adjusters’ goal is to pay the lowest amount possible, they have an ultimate goal of avoiding any lawsuit, making a settlement offer any injured party will accept. If, however, no settlement is agreed upon before the court, the injured party has the right to file a lawsuit, and if the defendant has been proven guilty, the judge or jury shall make the right decision as well as appropriate charges for the damage done.
You also have to remember that filing a personal injury case against the defendant also means that the insurance company can end up paying a very high fee if the jury feels sympathy for you. In addition, some legal fees as well as miscellaneous costs can also add to the expense of the insurance company.
The demand letter is a written statement, enumerating what you will accept in order to settle the case. If you will be sending the demand letter, you also start negotiating with the insurance adjuster instead of the insurance adjuster being the first one writing down what is fair payment for you. Starting a demand letter can possibly result in a more favourable final outcome for you.
Know the policy limits of the insurance company in order for you to also determine the maximum payout. While you could technically get a judgement for a much larger amount as compared to the maximum payment from the insurer, you should also try to collect the excess from the defendant personally.
Make sure that you do not accept any settlement offer not until you have known of the full extent of the damage and injuries, which, you have suffered and until you are confident that the settlement is just and fair. Once you have accepted the offer and signed a release of all claims, you should know that you cannot change your mind nor sue the defendant after.
The above factors are just a few of the most important things you have to do when dealing with the insurance company. However, one strongest way in claiming what is just and right for you is to use your evidence to prove the fault of the defendant and also the injuries you have gained. Presenting evidence is necessary for you to be able to get a desirable settlement and also avoiding further discussion by going to court.