When negotiating car accident settlements with a claims adjuster, it is important to be both confident and well-prepared. Remember, there are no laws in the United States that compel an adjuster to go beyond what are known as “special damages” by paying for pain and suffering. In fact, having an adjuster and the injured party reach an agreement on payment for pain and suffering is definitely the most difficult part of the settlement negotiations process.
What Pain and Suffering Involves
Pain and suffering, sometimes referred to as “mental anguish,” cannot be quantified easily. Because of this, the adjuster may accept the facts of the case as they are presented, but he may also disagree with the amount the claimant is requesting as compensation.
Things an Accident Victim Can Do
There are various strategies and tools people use to arrive at appropriate car accident settlements amount with an adjuster, and they include the following:
â- They know what documents are needed, and they are ready to access them without delay to substantiate their claim.
â- If they know what constitutes pain and suffering and what does not, the adjuster will realize that they understand such claims and the negotiation process as well. The amount to be paid is intended to be compensation for subjective physical pain, and it includes psychological suffering as well.
â- They never take anything for granted during the negotiation process. The adjuster may be courteous and agreeable, but that doesn’t ensure that there will be a favorable outcome. He has probably been taught to say nothing that would reflect poorly on his company, and to be courteous in all circumstances.
â- Although they want to act professionally, accident victims must also be very determined when negotiating an injury claim, because it is their sole opportunity to do so, and a large sum of money is at stake. They should make clear exactly how painful the accident was and provide every excruciating detail to make their point during negotiations.
â- Claimants should also stress how very painful the treatment they received was, both immediately after the accident and during the lengthy recovery and rehabilitation period that followed.
â- Online sites and courthouse records provide a great deal of information regarding the amounts that have been awarded in these types of cases. Today, by paying a reasonable fee, it is possible to research as many reliable sources in one hour’s time that it once took in a day. It is best for accident victims to research jury verdicts in their home state and, more precisely, in their particular county, since the amounts awarded vary widely from one venue to another.
Something That Should Definitely Be Avoided
All too often, claimants misunderstand something an adjuster says and use that statement to propose something that would be a violation of the law. When this happens, the adjuster usually breaks off all contact with them, and the insurance company informs them that negotiations have ended. At that point, the insurance company owes them nothing, and the only way that they can settle their claim is by contacting an attorney, which will make things more complicated and add to their expense as well.
Getting What They Deserve
Above all, claimants’ success in negotiating with an adjuster calls for familiarity with all of the information that has been gathered, skill in presenting that information convincingly, and the ability to discuss the case effectively and forcefully with the adjuster. They should also inform the adjuster if they are going to need additional treatment, such as additional CAT scans and MRIs to assess the rate of their recovery.