If you have suffered a personal injury, medical negligence or a car accident, you can claim compensatory damages. In order to do so, in most cases, you will work through an insurance company. You will be asked to aggressively argue the evidence and support your claim in order to get a fair compensation. This is why it is so important to hire an experienced personal injury lawyer to represent you. If the insurance company refuses to settle, your claim will progress to trial. Insurance companies will attempt to negotiate with you. This is why it is important to know what you should and shouldn’t do when dealing with insurance companies. Here is a quick guide on dealing with insurance companies, their lawyers and the other at-fault parties:
Dealing with The Insurance Companies And Their Lawyers
After you or your attorney sends a demand letter to an insurance company, an adjuster on behalf of the company may reach out to you, or if you have hired an attorney, they will deal directly with your lawyer.
When you or your attorney receive an unreasonably low offer, there are two things you can do. You can either ask the adjuster to justify the demand with relevant facts. Alternatively, you can slightly bring down your original demand so that the adjuster knows you are willing to negotiate.
It is important to have a range of settlement amount in mind. You should negotiate with the aim of settling within that range.
Another important thing to consider is that emotions are almost as important as facts. They appeal to the basic human nature. When negotiating with an insurance company, make mention of the pain, suffering or emotional stress you have suffered. Emotional touch-points serve as strong arguments in many cases, especially when you have suffered significant pain because of the injury.
Dealing with The At-Fault Party
The state of Alabama follows fault insurance system. In many personal injury cases, such as car accidents, this means that you have more options. You can file a claim for damages with your insurance company. You can also file such a claim against the at-fault driver’s insurance company. Or you can directly file a lawsuit against the driver responsible for the accident.
When the responsible driver has insurance, it is best to file a claim with the insurer. This helps you get compensation for your losses without any unnecessary delays.
Additional insurance such as Uninsured Motorist (UIM) Insurance can help in such a situation. UIM coverage ensures that your own insurance company pays for damages when a driver with no insurance causes an accident. This also saves you from having to go after a driver who very likely has no viable assets to pay for damages.
What Not to Discuss with Insurance Companies
Insurance companies are in the business of making profit. So they try to pay as little as possible on personal injury claims. When you file a claim with your insurer or that of the other party, it is important to know what you should and shouldn’t discuss. An insurance agent or the lawyers of the company may try to talk you into discussing things that could hurt your claim.
Here are some key things to consider with dealing with insurance companies:
The first thing is to not admit fault of any kind. Even if you think you partially caused an accident or injury, make no statement to this effect. If you are unsure, consult your Birmingham car accident attorney. At Hare Wynn, our attorneys work closely with you to ensure the best possible outcome of your claim.
When the insurer of the other party contacts you, you are not legally required to give any statement. It is vital that you give no recorded interviews to the insurance company’s agents or lawyers. You should also politely refuse to discuss your injuries or fault, but simply refer them to your attorney.
If you were involved in an accident and suffered a personal injury, if we take your case, call us for a free consultation with our legal team.
Get My FREE Case Review