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How to negotiate a personal injury settlement with an insurance company

Insurance claims adjusters are highly trained and must be taken seriously when it comes to negotiating a personal injury settlement following a car accident. Taking the proper steps of preparation and a basic understanding of the law will maximize the value of your injury claim with the insurance company.

By: Stephen Schultz
Category: Legal
: Insurance:Auto
Posted: Apr 25, 2010
Updated: Apr 25, 2010
Views: 1184


If you are injured in a car accident, negotiating a fair settlement with an insurance claims adjuster is difficult unless you know what to expect and have a basic understanding of the law. First and foremost, know your rights and don't be bullied by any insurance adjuster. Documentation of the evidence in your injury claim is critical when it comes time to negotiate a fair settlement. This article will help you negotiate the injury claims process.

First, you are under no duty to give a recorded statement to an insurance company. The adjuster can determine liability from the police report and does not need a recording from you to process the claim. Even if you have no fault for the crash, insurance adjusters will use a recorded statement against you in the future in an effort to minimize the value of your claim.

Second, gather your medical records and bills for all treatment received following the accident, and provide them to the car insurance company that insured the at-fault party. Never sign a medical record release authorization. These authorizations are rarely limited in time or scope and unreasonably invade your right to medical privacy.

Third, account for any lost wages and request compensation for all time off work, including time spent traveling to and from doctors' appointments. This doesn't mean providing the insurance company with your W-2s and tax returns. All you need is a basic letter from your employer documenting that you are employed, the rate of pay, and the time off work.

Fourth, demand compensation for pain & suffering. There is no magic equation used to calculated pain & suffering, but depending on the nature of the injuries, it can be 3-5 times the total of your medical expenses.

Finally, understand that there is no rush to settle your personal injury claim within days or weeks following a car accident. Take your time and get the appropriate medical care necessary to adequately diagnose and treat your injuries. However, all states have a statute of limitations for car accident injury claims, and unless you settle your claim or file a lawsuit within the statutory period, your claim may be time-barred.

About Author

Missouri personal injury lawyer Stephen Schultz is dedicated to protecting the rights of victims of serious car and truck accidents, premises liability, products liability, medical malpractice, drug recall, and wrongful death claims. Mr. Schultz is a member of several elite legal organizations in which he is recognized as a top civil trial lawyer in the state of Missouri.

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