When you find yourself involved in an accident, whether car accidents with sustained injuries, workplace injuries or medical malpractice, chances are that you might have to negotiate a settlement with an insurance company. It can be daunting and stressful, especially while dealing with the aftermath of your accident. However, about 95% of accident cases end up being settled out of court. While this success rate is impressive, what happens if your offer is not good enough? If you feel that you have been given a low settlement offer, here are a few actionable steps to ensure that you get what you deserve.
1. Do not lash out
One of the most important things you can do is remain polite and calm when you have been given a low settlement offer even if you know you are deliberately being taken advantage of. It might be tempting to lash out at the insurance claims adjuster, but that might be to your detriment. Your anger could make you seem like an unreliable witness, and that could jeopardize the negotiation. What you can do instead is to stay calm while rejecting the offer. If you have not done so, it would be best to hire a car accident lawyer to help you go through the process on your behalf.
2. Be prepared to present facts
One of the most crucial things to do when you find yourself involved in an accident is to document everything as soon as possible. That includes jotting down relevant information such as medical costs and taking pictures, especially any injuries you sustained. The more evidence you gather, the stronger your damage claims will be. With sufficient documents and paperwork to back your request for a higher settlement, the insurance company will find it challenging to offer low compensation.
3. Ask several questions
When you are hit with a low offer, you can respond by asking the claims adjuster questions. You can ask about their reasoning behind the low settlement offer or why they evaluated your case the way they did. Their responses might help you make a more informed counteroffer. For example, find out if you were given a low offer based on insufficient documentation of your injuries. You can provide them with updated medical records to increase the bid provided you have that documentation.
4. Settle in court
This should be your last option and must only be used when all negotiations and mediations fail. That is because sending your settlement claim to trial can be time-consuming and even more expensive for you. Nonetheless, you are entitled to settle in court if you believe it would yield the best results for you. Ensure that you have all the correct documents and the right legal backing when deciding to try the case. Many law firms like Whittel & Melton promise their clients ‘no fee or costs unless we win’ services to guarantee that you are more successful at trial.
When you are in settlement negotiations, remember always to reject the first offer. You must also ensure that you do not allow any insurance company to force you into accepting an offer. Look out for common bad faith insurance tactics and learn how to respond to them accordingly. For the best results, hire an attorney to help you through the process.
