Consider what takes place during negotiations. Each negotiator has focused on checking to see what the other party could offer as a payout, or might accept as a payment. That is the process that gets used during an effort to reach a settlement.
Initial steps in negotiations
The claimant and the claimant’s lawyer compose and send a demand letter. In that way, claimants get to state what amount of money they expect to receive from the responsible party. The adjuster responds to the demand letter. This response points out the weaknesses in the presented argument. It might include a request for more information.
The claimant provides the adjuster with any requested information. At the same time, the claimant’s reply tries to reinforce the arguments made in the demand letter. The adjuster responds to that latest reply, and makes an offer, one that counters the written demand. That particular counteroffer could be quite low.
How negotiations could proceed from that point?
When adjusters’ offers or counteroffers are exceedingly low, the claimant should call the adjuster’s office and seek an explanation. Then, it becomes the claimant’s job to respond in writing to that same explanation. In that way, claimants’ strategy does have the ability to influence adjusters’ thinking.
Ideally, a low counter offer would be changed, in response to the claimant’s actions. That action should trigger presentation of a new demand, from the claimant. That process would keep repeating itself, until both sides had agreed on one monetary amount.
Advice for negotiators
• Have all the supportive documents organized and accessible.
• Know what your insurance policy covers.
• Know the extent of your injuries and the method that the doctor has prescribed for treating them.
• Know how much time you have been out of work, because you were recovering from your injuries.
Do not hesitate to mention all the negative effects of your situation. For instance, if you have struggled to arrange for childcare, that fact should be stated to the adjuster, with the assistance of your Personal Injury Lawyer in Kingston.
Be patient; do not keep calling the adjuster’s office, in order to ask when a response or a counteroffer could be coming. Adjusters have to work on multiple cases during any given period of time. Be persistent; do not allow the negotiations to stall. That could aid achievement of the adjusters’ goals. That could force you to accept a low offer.
If you have not heard back from an adjuster, following passage of at least 2 weeks, call and inquire, regarding the delay. You might learn that the supervisor’s OK must be received, before any replies or offers can be made. Learn when that OK is expected, and call the same office again, if you have not received an anticipated answer.