Negotiation Tactics
Posted Wednesday, April 9, 2014 by Chris Thayer
A good attorney can help you deal with insurance companies regarding your personal injury claim.
Even though you have insurance, your claim will initially not be handled by your insurance carrier. Instead, your claim will initially be handled by adjustment companies. These companies are either local or national and are very conservative with their claims. They rarely, if ever, have full authority to authorize settlements. If you feel you have been presented with an unusually low offer, a Seattle personal injury law office can request to negotiate directly with your insurance carrier. If that request is denied, then a suit can be filed. Then your insurance carrier may be more willing to negotiate directly with your attorney.
One common technique your insurance carrier may use is known as “the one and only offer.” When your letter of demand is received, often the insurance adjuster will contact your lawyer and say that they do not want to waste time with any back and forth negotiating, and their offer will be their one and only. A good attorney will reply that if their one and only offer is the same as what was demanded, then you and your lawyer will happily agree. However, your attorney may remind the insurance carrier that the settlement process requires a give and take, and “the one and only offer” is not a sign of good faith negotiating. Also, your attorney may say that you are not amenable to “the one and only offer” and will need room for movement.
Another technique that Seattle personal injury law office notices that insurance carriers use is known as the “bounce back double low-ball.” Here is an example: let’s say your attorney expects $20,000 in your case. Your attorney will demand $40,000 from the carrier, who counters with a very low $5,000. Then your attorney counters with $30,000 and hopes for a reasonable response, but your carrier only increased their offer to $5,500. This is what they call the “bounce back double low-ball.”
Your attorney will most likely deal with this tactic by filing suit. A low-ball offer from your carrier sends the message that they have no intention to settle yet. At this time, they expect your lawyer to either accept or litigate.
For more information on insurance negotiating tactics, contact Seattle personal injury attorney Chris Thayer at (206) 340-2008.