It comes as no surprise that the first settlement offer that you will receive from your insurance adjuster will be a low ball offer. When this happens, you have a right to refuse the offer. However, what happens when you do? If you’ve been involved in a car accident in New Bedford or in any other area, the last thing you want to do is to haggle with an insurer over your car accident claim. Unfortunately, if you want to get a fair settlement offer, you will have to negotiate with your insurer.
Their first offer will likely not cover your medical bills let alone even cater for other damages like lost wages. Most people accept the low ball offer because they are strapped financially and likely have families that rely on them. They might not also know what will happen when they reject the first offer or they probably just want to get over and done with the entire process so that they can move on.
It’s important that all victims of car accidents understand the process of making a car accident claim so that they can protect their rights as well as get the maximum compensation amount possible.
When You Reject a Personal Settlement Negotiations Will Continue
The most common outcome of rejecting a settlement offer is negotiations will continue. In fact, insurance adjusters expect you to refuse the very first offer they make to you and they expect negotiations to continue. They only make a low offer hoping that you will accept it.
A good car accident lawyer will advise you to reject the first offer. Your next step should be to write a rejection letter explaining why you want a higher offer. You should also include a counteroffer in your letter based on the facts of your injury. This could include details about your medical costs, lost income, and any other damages. If you are presenting any new kind of information, your adjuster will take it into consideration.
Negotiating is not easy and it may not get you the amount you wanted. However, you might increase the amount you receive in damages by hiring a personal injury lawyer to negotiate on your behalf. They have more experience and are better skilled at dealing with insurance companies.
Your Insurer Might Continue Negotiations in Bad Faith
Another potential scenario that might happen when you refuse the initial offer is that your insurer might decide to use the “take it or leave it” approach. This can be very frustrating and intimidating to most people and often results in many personal injury victims accepting a low settlement offer. The good news is you can rectify the situation by changing tactics.
When an insurer starts acting in bad faith take note of everything they do. Insurance adjusters are not allowed to draw conclusions about claimants and if they do this, take note. The idea here is to show your insurer’s bad behavior and you can use the records to demand a fair process.
You can use the records to negotiate with someone else in the company. If all this fails, you can always hire the best New Bedford personal injury lawyer to negotiate with the adjuster on your behalf or to file a personal injury lawsuit.
File a Personal Injury Lawsuit to Protect Your Rights
Before you file for a personal injury lawsuit, you have to be aware of the statute of limitations. A lot of time when an insurer refuses to negotiate with you, it’s because they are sure you are negotiating from a point of weakness especially if the deadline for the statute of limitations is near. They might stall negotiations so that the deadline passes.
If you feel the insurer is stalling negotiations, it might be time for you to hire a personal injury lawyer who will take your case to trial. Remember that the process of filing a personal injury lawsuit can be complicated. Additionally, it comes with a greater risk than settling outside the courtroom. The best way to tell if your case will be successful is by getting it evaluated by an experienced lawyer.
At Kevin P Landry Law Offices, we offer free case evaluations. Get in touch with us today by calling 508-999-0800 and schedule your free initial consultation.
