It can feel intimidating to negotiate your personal injury claim with a major insurance company following a devastating accident. If you’re like most Colorado drivers, you’ve never thought about what a good negotiating strategy looks like in these situations. Unfortunately, this lack of experience can potentially harm your case and limit the amount of compensation you’re entitled to if you don’t approach negotiations correctly.
As you continue reading below, we’ll provide you with a helpful list of dos and don’ts for the insurance negotiation process that you’ll want to review before initiating a claim.
Don’ts for Negotiating a Personal Injury Claim
We’ll start off by providing you with some things you’ll want to avoid doing while filing and negotiating your personal injury claim.
Don’t Wait to File Your Claim
Colorado law gives car crash victims up to three years after the collision to file a personal injury claim with insurance. However, we recommend that you work with an attorney to file a claim as soon as possible.
Though the law allows you to file up to a few years later, your ability to collect evidence, recall key details about the crash, and track down witnesses can become more difficult as the months and years pass. Thus, as soon as your injuries allow, you should file your claim so you can build a solid case.
Don’t Exaggerate or Downplay Your Injuries
To give yourself the best chance of receiving a fair settlement, you need to stick to the facts and represent your injuries and damages fairly. This means you shouldn’t exaggerate your situation, but you also shouldn’t downplay the pain you’re feeling, either. The claim you make should be supported by the evidence you’re able to provide.
Even if you feel fine enough in the present day, don’t overlook how your injuries might progress and impair you over the long term. So, you may not think your injuries are severe enough to warrant a personal injury claim, but if your injuries came as the result of the fault of another driver, you are entitled to full compensation for your injuries.
Don’t Accept Their First Offer
In most cases, you should not accept the first settlement offer the at-fault driver’s auto insurance company offers you. The insurance companies are not working in your best interest, and typically won’t offer you the maximum compensation from the jump. Their adjusters are hoping you’ll settle for a much lower offer to help boost their company profits.
You are entitled to full compensation for your injuries, vehicle damage, and pain and suffering you endured as a result of the car crash that was caused by the other driver’s negligence. Thus, you shouldn’t accept a lowball offer that’s less than what you deserve.
Dos for Negotiating a Personal Injury Claim
The following are some of our recommendations for what you should do to help with negotiating your personal injury claim with insurance.
Do Collect Evidence
Your ability to collect and preserve quality evidence during the aftermath of the crash can offer solid support for your claim during negotiations. Doing so will help you avoid any speculation by the insurance company about who was at fault and the extent of your injuries or damages.
Some of the evidence you should collect includes:
- Photos of your vehicle damage and the scene of the crash
- Photos of your injuries
- A daily journal of how you are feeling and any pain you’re in
- A record of all medical appointments, including dates and the purpose for each visit
- Receipts of all medical expenses (medications, treatments, etc.)
- Any bills for vehicle repairs or replacements
Do Get Medical Treatment
You should continue receiving medical treatment for any injuries you incur as a result of the motor vehicle crash. Make sure you follow the treatment recommendations that your provider gives you.
Your medical records can be key pieces of evidence and prove the extent of your injuries, so it’s important to attend any necessary appointments so the progression of your injuries is well-documented by a professional.
Do Hire an Auto Accident Attorney
After being injured in a motor vehicle accident, hiring an experienced personal injury attorney will provide you with a devoted ally during negotiations. Insurance adjusters are highly experienced in negotiating such settlements, and the average Colorado driver is not, which gives a large advantage to the insurance companies throughout this process. They know what tactics and strategies to employ to minimize the amount of compensation they pay you, which is why you need a legal expert on your team.
When working with a Colorado Springs car accident attorney like the team at the Sandene Law firm, we will get to know the ins and outs of your case and represent your best interests against the insurance giants. We do what it takes to ensure our clients get a fair settlement and aren’t afraid to file a lawsuit if we don’t feel our clients are getting just compensation.
If you were injured in a Colorado Springs car crash, or any of the surrounding areas, and want a legal expert to help you negotiate a fair settlement, we want to hear from you. Reach out today to request a free consultation.
FAQ’s
How long does the insurance negotiation process typically take?
The duration of the insurance negotiation process can vary significantly depending on various factors such as the complexity of the case, the willingness of both parties to negotiate, and any legal proceedings that may be involved. Typically, negotiations can take weeks to months to reach a resolution.
Are there any specific tactics or strategies that insurance adjusters commonly use to minimize compensation?
Insurance adjusters often employ tactics such as offering low initial settlement amounts, disputing liability, or questioning the extent of the injuries to minimize compensation. They may also use delay tactics to pressure claimants into accepting inadequate settlements.
What factors determine whether hiring an attorney is necessary for a personal injury claim?
Whether hiring an attorney is necessary for a personal injury claim depends on several factors, including the severity of the injuries, the complexity of the case, and the willingness of the insurance company to offer fair compensation. In cases involving significant injuries or disputed liability, an attorney can provide valuable legal expertise and advocacy to ensure the claimant’s rights are protected.
How are pain and suffering typically quantified in a personal injury claim negotiation?
Quantifying pain and suffering in a personal injury claim negotiation can be challenging, as it involves subjective factors such as the nature and severity of the injuries, the impact on the claimant’s quality of life, and emotional distress. Insurance adjusters may use various methods, such as medical records, expert testimony, and precedent cases, to assess and negotiate a fair compensation amount.
What steps should I take if I’m unable to afford medical treatment upfront while waiting for a settlement?
If a claimant is unable to afford medical treatment upfront while waiting for a settlement, there are options available. They may explore options such as utilizing health insurance coverage, seeking medical providers who offer payment plans or sliding-scale fees, or working with their attorney to negotiate medical liens or arrangements for deferred payment from the settlement proceeds. Additionally, some attorneys may work on a contingency fee basis, meaning they only collect payment if the case is successful, which can alleviate financial burdens for claimants.
