How to Negotiate a Car Accident Claim
When an accident occurs, your filing of the claim will lead you to your first contact with the claims adjuster. If you’re preparing for settlement negotiations on your own, remember that you will be up against an experienced claims adjuster. Without some basic knowledge regarding negotiation with insurance companies and adjusters, you probably won’t get a fair settlement offer. Insurance claims adjusters are specially trained to investigate accidents and negotiate settlements and resolve legitimate claims. They are also required to deny claims when their investigation concludes that their insured was not responsible for your accident. In this blog post, we will provide an overview of the basic steps involved in preparing and negotiating a personal injury claim.
Negotiating a Car Accident Claim
After you file your accident report, you will receive a phone call from the adjuster for the at-fault driver. If you’re initially handling your car accident claim without an attorney, be cautious about any statements you make. The statements you make to the opposing side’s adjuster can be used against you. In addition, do not provide access to your medical records. This can ruin your case because the opposing insurance company may try to bring up unrelated injuries you may have to downplay injuries sustained in the accident at issue. You can’t negotiate a settlement until you have fully recovered, or no further treatment will change your medical status. To get to the final stages of negotiations, it is important to be able to get your point across with the at-fault driver’s adjuster. When negotiating a car accident claim, it is a good idea to first start off by discussing the evidence of the at-fault driver’s negligence. This should be followed by then going over the prescribed medical or chiropractic treatment obtained by the injured party. This provides further emphasis on the fact that the at-fault driver’s negligence caused your injury and subsequent medical treatment. Additionally, you must support your position with credible evidence.
Documents That Can Be Useful When Negotiating a Car Accident Claim
As the plaintiff, you have the burden of proving the allegations of your case. The allegations of the case are the essential elements you set out in your complaint. In an accident case, the allegations may be some general statement such as “damage from car accident” or “injuries sustained in car accident” but your proof must be something more than that. It must consist of evidence in the form of documents, pictures, or witnesses that back up what you say. During your recovery, begin gathering the following documents to build your claim:
- a written medical diagnosis describing the type and extent of your injuries or a written medical prognosis describing how the injuries will affect you in the future and if applicable the doctor’s orders limiting or prohibiting you from engaging in certain types of employment.
- If you require future treatment, try to obtain a medical statement indicating the estimated cost of that treatment.
- Copies of any medical bills and invoices or receipts for out-of-pocket expenses.
- Written proof from your employer confirming the wages you lost while you were unable to work or if self-employed, gathered copies of tax returns and bank statements.
Contact a Personal Injury Attorney in Miami Today!
The law protects injured victims by permitting them to obtain compensation from the at fault party who caused their injury. Auto insurers are hoping that you won’t take the time to hire a lawyer or get informed about the legal ramifications of your injury and claim. Don’t let yourself get taken advantage of. Suarez & Montero has been assisting injured clients in South Florida for over 20 years against insurance companies. We appreciate the extensive impact an injury can have on one’s life or on their family and overall health. That is why we our firm focuses on protecting the rights of injured victims. If you or someone you love has been involved in an accident, contact us today for a free consultation. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
