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  • Whitby Personal Injury Lawyer: Receiving A Low-Ball Settlement Offer For Your Accident Claim

    December 23, 2017

    Car accidents can result in a variety of injuries and damage. Most of us assume that insurance will cover our income loss, medical expenses and the pain and suffering endured as a result of our injuries.

    However, as experienced Whitby personal injury lawyers know from experience, dealing with insurance companies, even your own, and their claims adjusters can be challenging.

    Not all insurers act in good faith. Their primary focus is to safeguard their own business interests and to minimize their payouts as much as possible. To this end, they may employ various tactics to delay, dispute, dismiss or deny payments, cite technical reasons or enforce terms of contract that you may disagree with.

    They employ a claims adjuster to independently investigate the circumstances of the accident. They  base their settlement on the report submitted by the claims adjuster.

    It’s important to understand that achieving the settlement you deserve is through a process of negotiations, mediation, arbitration and even a court trial if required.

    Initial Stages of The Claims Process

    Though victims have a duty to cooperate with their insurance companies, they also have a right to have their lawyers present at any meetings. There is no obligation to sign anything without your lawyer’s advice.

    Following an accident, claims adjusters of your own insurance company and/or those of the at-fault party/parties will schedule a meeting/interview with you. The aim of this meeting is to gather information, assess your credibility and to seek ways of minimizing settlement payouts.

    Injured victims need to understand the economics of case settlements to comprehend how the process works.

    Claims adjusters are those who review, study and investigate claims to determine the insurer’s liability. They’re usually highly trained and educated professionals, with long and deep experience in the field and well-honed negotiating skills. They conduct a thorough investigation and submit a report with recommendations on what the appropriate settlement (according to them) would be.

    First Offers Are Generally Low

    As with any negotiation, the starting point is always at base-level. Going to court is the final stage. With these two aspects in mind,  an experienced Whitby personal injury lawyer can help you put together a robust claim for the maximum possible settlement.

    What you need to know:

    • Know your policy thoroughly – coverage, limitations, insurance regulations in your province, etc
    • Never settle until you know the full extent of your injuries/damages
    • Claims adjusters will make several offers along the way
    • You need to specify the exact settlement amount you want in your claim letter: This should cover present and future costs
    • Be prepared for an extremely low-ball response which you’re not compelled to accept if it’s unreasonable
    • Stay calm and ensure that you keep the dialogue channels open
    • Inform the insurer that the low offer is unacceptable citing reasons
    • Never get into verbal, written or email confrontations with claims adjusters or insurance company representatives
    • Claims adjusters have full authority to make reasonable offers and if they tell you otherwise, it’s not necessarily true
    • Let your personal injury lawyer handle matters in consultation with you

    Whitby personal injury lawyers keep your interests uppermost and ensure that your rights are safeguarded.

  • Whitby Personal Injury Lawyer: Receiving A Low-Ball Settlement Offer For Your Accident Claim

    December 23, 2017

    Car accidents can result in a variety of injuries and damage. Most of us assume that insurance will cover our income loss, medical expenses and the pain and suffering endured as a result of our injuries.

    However, as experienced Whitby personal injury lawyers know from experience, dealing with insurance companies, even your own, and their claims adjusters can be challenging.

    Not all insurers act in good faith. Their primary focus is to safeguard their own business interests and to minimize their payouts as much as possible. To this end, they may employ various tactics to delay, dispute, dismiss or deny payments, cite technical reasons or enforce terms of contract that you may disagree with.

    They employ a claims adjuster to independently investigate the circumstances of the accident. They  base their settlement on the report submitted by the claims adjuster.

    It’s important to understand that achieving the settlement you deserve is through a process of negotiations, mediation, arbitration and even a court trial if required.

    Initial Stages of The Claims Process

    Though victims have a duty to cooperate with their insurance companies, they also have a right to have their lawyers present at any meetings. There is no obligation to sign anything without your lawyer’s advice.

    Following an accident, claims adjusters of your own insurance company and/or those of the at-fault party/parties will schedule a meeting/interview with you. The aim of this meeting is to gather information, assess your credibility and to seek ways of minimizing settlement payouts.

    Injured victims need to understand the economics of case settlements to comprehend how the process works.

    Claims adjusters are those who review, study and investigate claims to determine the insurer’s liability. They’re usually highly trained and educated professionals, with long and deep experience in the field and well-honed negotiating skills. They conduct a thorough investigation and submit a report with recommendations on what the appropriate settlement (according to them) would be.

    First Offers Are Generally Low

    As with any negotiation, the starting point is always at base-level. Going to court is the final stage. With these two aspects in mind,  an experienced Whitby personal injury lawyer can help you put together a robust claim for the maximum possible settlement.

    What you need to know:

    • Know your policy thoroughly – coverage, limitations, insurance regulations in your province, etc
    • Never settle until you know the full extent of your injuries/damages
    • Claims adjusters will make several offers along the way
    • You need to specify the exact settlement amount you want in your claim letter: This should cover present and future costs
    • Be prepared for an extremely low-ball response which you’re not compelled to accept if it’s unreasonable
    • Stay calm and ensure that you keep the dialogue channels open
    • Inform the insurer that the low offer is unacceptable citing reasons
    • Never get into verbal, written or email confrontations with claims adjusters or insurance company representatives
    • Claims adjusters have full authority to make reasonable offers and if they tell you otherwise, it’s not necessarily true
    • Let your personal injury lawyer handle matters in consultation with you

    Whitby personal injury lawyers keep your interests uppermost and ensure that your rights are safeguarded.

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