Insurance Adjusters: Tips for Negotiating Your Injury Claim

After an accident, many people find themselves struggling to reach a settlement with an insurance company. They do not fully understand their rights or know how to effectively negotiate with an adjuster, which leaves them wondering if they will ever get what they deserve due to an injury.

In this guide, we explain how you can negotiate with insurance adjusters after filing an injury claim. We will start by reviewing the insurance adjustment process, then move on to practical negotiation tips that can help you reach a fair settlement.

What Is Insurance Adjustment?

After someone files a claim, the at-fault party’s insurance company will contact them. The insurance adjuster will work on the company’s behalf to negotiate a settlement.

Insurance Adjusters

Insurance adjusters are fact-checkers, validating information and determining how much money a person is entitled to based on the level of damages they’ve sustained. They have several key responsibilities, including:

Determining whether the policy covers the damages
Calculating how much the insurance company should pay
Verifying claims to prove they are valid
Gathering information by performing interviews and reviewing documentation
Negotiating with the claimant to reach a settlement and prevent a trial

In many cases, accident victims in South Dakota can reach a settlement with the at-fault party and their insurance company without the need to go to court. However, success largely falls on how well a person can negotiate their terms and losses with an adjuster.

To avoid settling for far less than you are legally entitled to, it is important to know coverage limits and lawsuit caps in the state.

How Much Can You Recover in a Personal Injury Case in South Dakota?

South Dakota does not cap punitive damages or damages in car accident cases. In medical malpractice cases, Codified Law 21-3-11 sets the cap for damages at $500,000.

The exact amount a person can be awarded will vary based on the circumstances of their accident. For example, in workers’ compensation claims in South Dakota, the exact amount an employee can recover is based on limits set by the employer’s insurance provider.

The Insurance Adjustment Process

It is not uncommon for the insurance company to value losses at a figure the claimant disagrees with. Receiving an amount you are not willing to accept does not mean you are forced to settle for less than you deserve.

In South Dakota, you can negotiate with insurance adjusters to try and reach a settlement that you are happy with. This can prevent the need for going to trial. An experienced personal injury attorney can also help.

At Alvine Law Firm in Sioux Falls, SD, we help clients negotiate with adjusters to reach settlements. Over the years, our team has recovered millions of dollars for our clients. Learn more about us.

File a Claim

The injured party will file a claim with the at-fault party’s insurance company. This opens a new case that will start the adjustment process. You can also have an attorney file a claim for a negligence-based injury on your behalf.

Claim Evaluation

The insurance company will assign an adjuster to the case. The adjuster will contact the claimant and at-fault party to begin the investigative process. During this time, the adjuster wants to gather information about the injury, such as when it occurred, surrounding circumstances, and the losses to the claimant.

Negotiation

Once the insurance adjuster determines the value of the damages and establishes coverage limits, they will propose a settlement amount to the claimant. You can choose to accept the offer and receive the money, or you can negotiate the amount that you think is fair for your losses.

The help of a personal injury attorney can be extremely beneficial during insurance adjustment. A lawyer can negotiate with insurance adjusters on your behalf, leveraging their knowledge and skills to help you get a fair amount for your losses.

Preparing for Negotiations

Before negotiations, it can be helpful to consult with an attorney and determine an appropriate amount of compensation for your case. This can help you set a figure to aim for during negotiations.

You can also research the average settlement for your type of injury in South Dakota. Having a realistic figure in mind is key, as this will let you know whether the insurance company is offering a fair amount.

Maintain a Professional Tone

Injuries can cause emotional despair, stress, fear, anxiety and suffering. It can be easy to get caught up in the mental impact of the event, but remember, negotiation is a formal process. Maintain a professional and courteous tone.

Ultimately, the insurance adjuster is a professional doing their job. The goal is not to argue with them but rather discuss the settlement options until you can hopefully reach an agreement.

Remember that while adjusters work for the insurance company, most also have sympathy for the victims. They want to help the claimants reach a deal, too. Staying professional and respectful will help you establish a good rapport to rely on as you negotiate.

Understand Your Claim

What are the coverage limits of the at-fault party’s policies? How much is the company able to pay in damages? You need to calculate the value of your claim in terms of economic and non-economic damages. These include medical bills, lost wages, pain, and suffering.

If you are struggling to do this, one of our attorneys can help. Personal injury lawyers work with their clients to calculate damages and determine how much they should request in a settlement.

Be Prepared for Initial Low Offers

Negotiations almost always begin with a low offer. It is okay to refuse it. Many claimants worry that they won’t receive any money if they don’t accept the first offer they’re given, but this is not true.

You have a right to negotiate for a fair amount, and you can do this by having clear justification for the amount you’re requesting.

Avoid Common Mistakes

During negotiations, do not downplay your injuries or admit blame for anything. You should also avoid making any recorded statements without first consulting with an attorney.

In fact, consulting with a lawyer is the best way to prepare for the initial discussion and subsequent negotiations. They will help you make strategic decisions to recover as much money as possible in your case.

Recognizing Common Tactics

There are several techniques insurance companies may use that can force a claimant to accept a low settlement offer. Be mindful of these tactics and respond accordingly:

Delays. Acknowledge every time you speak with the insurance adjuster, and keep detailed records of all your communications, including who initiated each discussion. Point out any delays, set reasonable deadlines, and follow-up with the adjuster accordingly.
Disputing medical treatment. Keep medical documentation for all visits, treatments, and rehabilitation related to your injury. This will also help you counter arguments about the necessity or cost of treatment.
Questioning liability. Record as much detailed information as you can about the accident to demonstrate the responsible party’s fault. Present evidence in a clear, matter-of-fact matter, and avoid arguments.

When insurance adjusters are unresponsive to evidence or they will not negotiate, a lawyer can act on your behalf to reach a settlement that you agree is fair for your losses.

Schedule a Consultation With Alvine Law Firm

The team at Alvine Law Firm is here to fight for you. With our decades of combined experience, we bring a passion and commitment to justice that helps our clients recover fair compensation in their cases.