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How the Negotiation Process With the Insurance Company Works


Shortly after an accident, an insurance adjuster from the at-fault party's insurance company will get in touch with you. The insurance adjuster's job is to gather evidence related to the accident and negotiate the terms of a settlement with your attorney. How does the negotiation process with the insurance company work? Here's what you need to know:

Initial Offer
In most cases, the negotiation process begins when your attorney requests a certain amount of compensation from the insurance company. Your attorney will determine how much he should ask for by calculating the value of your claim. Since this number will be the starting point for the negotiations, expect it to be on the higher end of what you expected.

Insurance Adjuster Responds
It is very rare for the insurance adjuster to accept the first offer. Instead, the adjuster will respond by explaining the problems with your claim. For example, he may ask why you waited so long to receive medical treatment after the accident. He can also question the severity of your injuries or your choice in healthcare provider. His goal is to poke holes in your case in order to lower the value of the claim.

Answer the Insurance Adjuster's Questions
Your attorney will provide explanations for all of the issues that the insurance adjuster has with your claim. For instance, if the severity of the injury is being question, your attorney can provide medical records and written statements from your healthcare providers to prove that your injuries are severe.

After reviewing your response, the insurance adjuster will usually make a low counteroffer. Insurance adjusters make this low offer in the hope that you are eager to settle for any amount of compensation.

Negotiating Back and Forth
At this point, both sides have made an offer. The negotiations will continue until your attorney is able to get the insurance adjuster to agree to a fair settlement. About 95% of personal injury cases are settled during these negotiations, however it's possible that yours will be part of the 5% that are not. If this happens, your case may go to trial, where a jury will get to decide how much compensation you should receive.

Have you been injured? If so, it's important to let a personal injury attorney handle the negotiations with the insurance company. James Rush at Rush Injury Law is a skilled negotiator who will not back down until he has recovered the compensation you deserve. Contact our office by calling 415-897-4801 or filling out the online form on our website to request a free consultation.

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