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(314) 500-HURTOne of the most critical parts of settling your case is the negotiation phase. With between an estimated 90-95% of
injury cases settling before going to trial, I can’t underscore enough the importance of being a great negotiator.
My team and I successfully negotiate with insurance companies all day, every day, in order to maximize the value of
our clients’ claims. Here are some of our best practices for successful negotiation:
In negotiating with the insurance company, be polite. Kill them with kindness and be sweet. Be professional,
non-argumentative and direct. Send things by paper or email and document your interactions. Follow up on matters and
don’t let things delay too long.
Give reasonable time for claim representatives to review material, as you are not their only claim, but then follow
up in a courteous manner.
Establish a rapport and a goal to resolve and settle this claim with the claim representative. Don’t give outlandish
monetary demands. Once you settle the claim, you can sign a release which releases your rights. But read it
carefully and make sure you are not still injured and being undercompensated.
Do not be argumentative or adversarial with the claim rep. You can be firm and resolute, but be nice and kind at the
same time. Claim representatives have a lot of authority and discretion in handling claims.
If they like you, they might pay you more. If you are a jerk, they will not do you any favors and may not pay you as
much as they would otherwise for your property damage claim, small personal injury claim, med pay, etc.
Make sure you provide adequate documentation. You need to provide medical bills, a medical authorization so they can
verify the bills, medical records, witness statements, pictures, etc. If the claims representative refuses to pay
you because they think it’s a low speed impact, and 15 you have photos showing tremendous property damage, provide
those photos to them.
If you have medical records showing severe injuries that would warrant a much higher settlement, you should provide
those records. Although you would not normally want to provide anybody all of your medical records, if you are going
to make a claim for personal injuries, you put your personal health at issue.
So, many times you will be expected to provide medical authorizations to enable the claims representative to get all
of your medical records and bills. This is normal. You can provide authorization and request copies of the records
and that they will be destroyed when the claim is resolved.
Communicate by email so you document your interaction with the insurance company. You can go back later and show
delay, positions taken or incorrect representations that are made. Confirm positions in writing – especially
regarding insurance coverage, liability and damages.
Negotiations can be tough; however, with the right techniques, you can be more successful at maximizing the claim
value!
Settling a case is stressful, but it’s important to be prepared with knowledge. Fortunately, we’ve literally written
the book on settling a case and picking a lawyer! Tell ya
what, let me give you a copy.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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