How to Negotiate With Insurance Adjusters & Get the Best Possible Personal Injury Settlement

If you’ve been injured in an accident caused by someone else’s negligence, you’ll likely need to deal with the at-fault party’s insurance company to obtain compensation. Insurance adjusters are trained to settle claims for as little as possible.

To get the full value of your personal injury claim, you need to be prepared to effectively negotiate with the adjuster.

Know the Insurance Adjuster’s Role

The insurance adjuster works for the insurance company, not for you.

Their goal is to limit payouts and close claims quickly. Adjusters may seem friendly and express concern about your injuries, but always remember they are not on your side.

Insurance companies are businesses seeking to turn a profit. They accomplish this by taking in more money in premiums than they pay out in claims. Adjusters use tactics to minimize settlements, such as:

• Offering quick, lowball settlements before the full extent of your damages is known
• Requesting medical authorizations to look for pre-existing conditions to blame for your injuries
• Taking recorded statements early on in hopes you’ll say something to weaken your claim
• Disputing medical treatment as excessive or unrelated to the accident
• Shifting blame for the accident to you

Knowing these strategies can help you avoid pitfalls and negotiate from a position of strength.

Build a Strong Claim Before Negotiating

To negotiate effectively, you need leverage. Prepare a compelling case by gathering evidence to prove liability and document your full damages. This includes:

• Accident reports and police records
• Witness statements
• Photographs of the accident scene, property damage, and visible injuries
• Medical records and bills detailing your treatment
• Documentation of lost wages
• Journal entries about your pain levels, physical limitations, and emotional distress

The more evidence you have to support your claim, the harder it will be for the adjuster to minimize your settlement.

Calculate Your Damages

Before making a demand or responding to a settlement offer, you need to know the full value of your claim. Calculate both your economic damages, like medical bills and lost income, and non-economic damages for pain and suffering.

Don’t just consider your current losses. Project your future medical needs and how your injuries will impact your ability to work and quality of life long-term. An experienced personal injury attorney can help assess the fair value of your general damages.

Remember, you only get one shot at settlement. Once you accept an offer, you typically can’t go back and ask for more money later if your condition worsens. Aim high to leave room for negotiation.

Make a Written Demand

Start the negotiation process by sending the insurance adjuster a demand letter outlining your strongest facts and legal arguments. Clearly explain:

• Why their insured is liable for the accident
• The severity of your injuries and necessary medical treatment
• Your economic losses to date and anticipated future losses
• How the injuries have impacted your life and caused pain and suffering

Conclude with a specific dollar amount you are seeking to settle the claim. Attach copies of your supporting documents, such as medical records and bills, to prove your losses. Having a written record of your demand and the adjuster’s offers is important if you later need to file a bad faith claim against the insurer.

Don’t Jump at the First Offer

Expect the adjuster to respond to your demand with a low counteroffer. They are trying to see if you know the value of your claim and are willing to fight for fair compensation. Don’t jump at the first offer. Make a counteroffer that comes down a small amount from your original demand to show you are willing to compromise.

Go back and forth with the adjuster, slowly moving towards the middle. Get the adjuster to increase their offer first before reducing yours. If negotiations stall, be prepared to explain in detail why you need more compensation and how you arrived at your numbers. Having a settlement range in mind, rather than a fixed amount, will give you more flexibility.

Emphasize Emotional Points

While you need strong evidence and arguments to support your claim, don’t underestimate the power of emotion and storytelling in negotiations. Paint a vivid picture for the adjuster of how the accident happened, how painful and debilitating your injuries have been, and how the incident has taken a toll on your family, work, and enjoyment of life.

Make the adjuster empathize with what you’ve experienced and how much you’ve lost through no fault of your own. The more personal your claim feels, the harder it will be to deny your personal injury claim.

Be Patient and Persistent

Negotiating a personal injury settlement takes time. It’s a back and forth process that can take weeks or months. Be patient and persistent. Don’t let the adjuster pressure you into accepting a low offer because you’re frustrated or need money now. Show them you aren’t desperate and have the stamina to hold out for top dollar.

Continue negotiating until you receive an offer you are satisfied with. But know when to draw the line. If the adjuster won’t budge or is making unreasonable arguments, be prepared to stop negotiating and consult an attorney about filing a lawsuit.

Get Help from an Experienced Personal Injury Lawyer

When you’re up against a skilled insurance adjuster and a complex claims process, it helps to have an experienced advocate on your side. Personal injury attorneys understand the negotiation tactics used by insurers and how to counter them. With their legal knowledge and negotiation experience, they can often obtain significantly higher settlements than claimants acting alone.

Most injury lawyers provide free consultations and work on contingency, meaning they only get paid if you do. There’s no risk to hiring professional help with your claim.

At the Benjamin Durham Law Firm, our attorneys have decades of experience handling personal injury claims and negotiating with insurance companies. We fight tenaciously for accident victims to get the maximum compensation they deserve. Let us put our skills to work for you. Contact our office today for a free case evaluation.