How to counter a low insurance settlement offer The first step in crafting an effective counteroffer is to calculate the total value of your claim. If the negotiations to reach an agreement began with your demand letter, you should have done much of this work by now. If you didn't, or if you have questions about the value you gave to your claim, here are the steps to take. Are you looking for a Personal Injury Attorney in Mount Pleasant SC who can help you negotiate a better settlement in your settlement agreement? You should write a formal letter rejecting the settlement offer if it seems unfair to you.
The letter should state that you reject the offer and the reasons why you are doing so. You should also include your counteroffer and explain why you think it's appropriate. You must refute any claim or assumption in the letter from the insurer that could harm your claim. You should also include any supporting documents, such as copies of bills and receipts. Signing the agreement and accepting the money ends your legal right to sue the other party and will prevent you from negotiating for more money after accepting a settlement.
Your lawyer must clearly understand your current and future financial expenses related to your accident or injury before beginning negotiations to reach a settlement. Your reasons for negotiating an agreement may include factors that an Employment Court would not consider. After receiving the first settlement offer from the auto insurance company, now would be a good time for you and your attorney to draft and send a detailed demand letter to the insurance company for the at-fault driver's car (send it to the attention of the insurance adjuster who made the first settlement offer). In some situations, your own insurance company may make you an offer to reach an agreement; for example, if you file a claim through your own uninsured driver coverage.
For that reason, I am willing to assume, solely for the purpose of reaching an agreement, that a jury would attribute 5% of the blame to me. The threat of litigation is ultimately your best advantage in achieving a full and fair resolution of your claim. It's one thing for a first settlement offer to be significantly lower than what you (or your lawyer) have in mind when it comes to the value of your car accident claim. Creating the right counteroffer letter is something that a personal injury lawyer does as a regular part of their job.
But what if the accident occurred in the middle of an intersection and there are conflicting testimonies about who had the green light? Or what if you have a pre-existing injury and can't attribute all of your damages to the other party? In case of events like these, you will have to be prepared to adjust the value of your liquidation downwards, although the amount will be a matter of negotiation. If you have any questions about your initial letter of demand or your counteroffer letter, contact a specialized and experienced personal injury attorney in your area. When you reach a car accident settlement, before you receive your check, you will have to sign a form called authorization in which, as the name suggests, you release (waive) your right to take any other legal action in connection with the underlying car accident. To begin with, experience has taught the adjuster that plaintiffs who aren't represented, like you, often don't make sense, and that some tough tactics right from the start make it possible to reach a settlement quickly and cheaply.
If you can't reach a settlement for your general damages that you feel is fair, you might consider hiring an auto accident lawyer to help you help. An experienced Greenville personal injury lawyer understands the tactics that insurers use to get injury victims to accept low-value settlements. Once again, you can get the best results if you include your counteroffer and supporting arguments in a detailed letter of demand for a car accident.