Prior to being brought to court, a car accident claim is usually attempted to be resolved through settlement negotiations. During this procedure, an insurance company or opposing party will offer an injured party a sum of money intended to reimburse for damages and to pay for any future medical expenses. Several rounds of offers are usually submitted prior to the parties agreeing upon an amount.
Dispute in Writing
No matter what you use as a basis to reject and dispute a settlement offer, your response should be in writing and you should keep a copy of the document for your records. Records of the negotiations and offers can be used to dispute subsequent offers or to support your claim for more funds.
Dispute the Adjuster’s Stated Amounts
An insurance adjuster works for an insurance company in valuing a claim. An adjuster starts his investigation with the property damage caused by the accident. The adjuster will inspect the auto and other property damage and obtain repair estimates from at least two body shops. The lowest of these estimates will be used in the adjuster’s calculations of your claim value.
Point Out Faulty Repair Calculations
The first place to start in disputing a settlement offer is to show how the claim does not properly compensate for the property damage you incurred from the accident. Inspect the estimates relied upon by the adjuster, these should be made available to you, and show how they are either missing items, underestimate the amount of damage or, most commonly, do not include labor charges. You can also obtain two estimates of your own to show that the adjuster’s estimates are insufficient.
Switch Your Focus to Personal Injury Compensation
The next step in disputing a settlement offer is to demonstrate how it does not sufficiently provide for your medical costs, if any. Using receipts, bills and reports from physician visits, add together the cost of your medical bills to date. The add any anticipated expenses either by doubling, tripling or cutting in half the amount of your previous expenses, depending on the length of time you expect to be incapacitated.
Point Out Other Losses
It is also important to remind an insurance company that you have incurred damages other than property and personal injury. Calculate any wages you have lost and state that you are entitled to reimbursement for your pain and suffering.
Make A Counteroffer
At the very end of your letter, make a counteroffer of the funds you will need to make yourself whole. Word your offer so that it relates to the calculations you provide in the body of the document.
Getting Legal Help
While this may be your first automobile accident and claim, insurance companies are experienced in settlement negotiations and often try to save money by not offering a sufficient amount of compensation. If you have been injured or suffered damages in an automobile accident, seek legal assistance with your claim. An attorney will work for you to obtain the most compensation available.
