Practice Areas / Insurance Disputes
Negotiating Insurance Claims Omaha
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If you were involved in an automobile accident and want to get the settlement you deserve, you will need a high-powered strategy to win your claim. Negotiating claims appears simple at first, but can present some unexpected factors that may prevent you from getting a full settlement. This is where the expertise of a highly skilled lawyer comes in.
For both insurance companies and individuals, negotiating claims is the path most people choose in order to provide compensation and avoid a lengthy and costly lawsuit. Negotiating claims is faster and a lot less stress than the cumbersome process of filing a lawsuit.
How are claims settled?
A claim is settled through the process of negotiation. A person working for the insurance company called an adjuster is in charge of investigating the facts to figure out how much the case might be worth. They will take this figure, cut it down as much as possible, and offer this lower dollar amount to the claimant in hopes that they will accept the offer.
An adjuster’s primary objective is to avoid a lawsuit, while their second objective is to get the insured person to accept as low of a settlement as possible. They do this to keep the payouts made by the insurance company to the absolute minimum. This preserves the profitability of the insurance company.
Remember, adjusters have the best interest of the insurance company in mind. This is why you need an experienced lawyer on your side to handle the negotiations so you get what you deserve.
Insurance companies like negotiating claims
When a claim does not settle outside of court, the person who filed the claim is likely to pursue a case in court. And, if that case makes it to trial, it will be up to a jury or judge to determine who is liable and what damages are sufficient to be awarded.
Insurance companies don’t want to go to court with an unsettled claim because there are so many risks and unknowns. For example, the risk is especially large if the case goes before a jury. A jury has the potential to be more sympathetic to the plaintiff, which would mean a higher cost to the insurance company. In this case, the insurance company might end up having to pay a much higher dollar amount.
Insurance companies generally expect most claimants to accept a settlement offer because they know it will be time consuming, exhausting and expensive to go to court. However, not everyone is willing to settle for what the insurance companies offer. A strong lawyer can negotiate with the insurance company for a higher payout, getting you what you deserve without having to go to court.
Beware of negotiating claims alone
Because adjusters know it’s easier to settle a claim through negotiation, sometimes they can have a tendency to not play by the rules when they think they can get away with it. They may offer a dollar amount that is lower than expected, and sometimes they won’t be truthful about your options and their responsibilities.
You need a lawyer to negotiate on your behalf
A skilled lawyer will have great negotiation skills, but on top of that they will know how the claims process works in their industry like the back of their hand. Lawyers know that claims adjusters can sometimes be aggressive and might even break the rules.