Personal injury negotiation conducted by writing only?

by Guest » Tue May 11, 2010 02:25 pm
Guest

I was rear-ended and my car was totaled. The other party is 100% liable. My property damage has been settled. I've written a personal injury demand letter to the other party's insurance company including clear documentation for medicals, income loss and pain and suffering.

I would prefer to negotiate by writing only. During property damage negotiations, the adjustor exhibited unprofessional, petulant and emotional behavior with me on the telephone. Do I have to speak with her by phone or can negotiations proceed strictly through writing?

Total Comments: 3

Posted: Tue May 11, 2010 04:24 pm Post Subject:

You can certainly feel free to negotiate by phone... but this can be a little like communicating via Pony Express.

Many carriers use one adjuster to settle property damage and another to settle injury claims. Are you sure it will be the same adjuster? Many other carriers do use only one adjuster.

If this person as rude you could also request that the injury claim be assigned to someone else. It's up to the carrier if they want to do this... but you can ask nicely.

As mentioned, you can feel free to communicate via mail but that is very impractical. It's just like having a complex situation via letter. What would take 10 minutes via voice could take several weeks via letter. Also, there would be _much_ information lost this way. You'd really be hurting yourself by doing this as you are trying to convince a person to pay out more on your claim. The more information you can supply, the better. This can really only be done efficiently on the fly. Imagine selling a car from someone and trying to convince them that it's the worlds best car so you should get twice it's value and they only want to buy it for half it's value. How good of a sales job could you do in writing vs being able to actively convince them in a voice conversation?

You can also tell the adjuster you feel that they were rude, please don't be abusive and conduct themselves professionally. Let them know that you will cease to discuss this situation with them and seek the services of an attorney if they feel that they cannot remain calm and professional.

Posted: Tue May 11, 2010 05:28 pm Post Subject:

Thank you for your quick response!
It appears this carrier seems to use the same adjustor for both personal and property claims.
Good suggestion to nicely request that another adjustor handle my claim. I have her supervisor's telephone number and will make the request with her.

Posted: Tue May 11, 2010 07:20 pm Post Subject:

It appears this carrier seems to use the same adjustor for both personal and property claims.



I often do both, but I have never had a client ask me to do it over the phone. In most if not all cases they want me to meet with the claimant in person.

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