How to Negotiate A Settlement With An Insurance Claims Adjuster
You and I. M. Strong, the adjuster from Granite Mountain Insurance, are
sitting at your kitchen table in an attempt to settle your motor vehicle
accident insurance
claim.
Strong is all wound up and on the offensive, rambling on and on about how
your injuries weren't serious. His typical pitch usually goes something like,
"Look, I've been at this a long time. I've talked to people like you, day in and
day out, for over twenty years. People who've gone through exactly what happened
to you, with the same sort of claim as yours. Sure, you had a period of
discomfort but your so-called injuries were routine. Believe me when I tell you
they aren't worth much."
You’re stunned. You can't believe what Strong is trying to pull. You say,
"I’ve been miserable! There was no way I could get back to work because of the
pain in my neck and back."
Strong shift's in his seat and a victorious look (one that says he knows it
all) begins to march across his face. At that point he predictably states,
"Look, I can tell you, after handling thousands of cases like yours, that the
discomfort you may have had, for a couple of days at the most, are relatively
minor. They don’t even come close to justifying the three week’s of work you
lost and the disability you and your doctor are claiming".
Now you're thunderstruck! He smiles to himself and comes at you from another
angle, "I've seen thousands of cases like yours and I've had more than my share
of exposure to personal injury claims, examinations, doctor-talk and recovery -
- the whole nine yards. I've seen physical trauma at its slightest and its
worst. Any judge or jury would know, once they heard about your so-called
‘injuries’ that your physical problems were almost non-existent".
He'll take a minute to let that sink in and then he'll attempt to sway you
even more by telling you he can prove your time lost from work was not
compatible with the injury involved. He'll hint around about some "independent
information" he's supposedly gathered from your neighbors and/or business
associates, which indicate you’ve been involved in "very active" physical
activities since the accident.
Once he lets that one sink in he'll ramble on about the "independent
examination" the doctor hired by Granite Mountain executed, telling you, with
outrageous confidence, that his doctors Medical Report states there was little,
if anything, wrong with you. Then he’ll surely try this one on for size: “My
doctor is a professional .The only people he ever sees are those who’ve been in
motor vehicle accidents. That’s what he does all day long, check out personal
injury claims like yours. His report clearly states your physical problems were
almost non-existent”.
He hums a happy tune to himself as he observes the amazement marching across
your face and that drum beat he’s heard so very often begins to pound away
within the gray matter between his ears: Boom/Boom/Boom, declaring, “I gotcha!,
I gotcha!, I gotcha!, I gotcha!”
If you let Strong get away with that than his attempt at downgrading your
disability will have been successful. As a way of "proving" what happened to you
wasn’t serious he’ll describe your “so-called injuries” with fancy medical
language and then compare them to the more extreme types of personal injury
problems or conditions he's dealt with in the past. The implication being yours
were obviously minor and have little, if any, value.
At that point he'll read the statements and opinions in your own attending
physicians Medical Report in such a way which, if not read properly, he'll
insist proves, “You may have been a little sore from a slight injury but it
clearly states you certainly didn't have any serious physical problems“. (You
can bet every dollar in your wallet that he’s made that statement several
thousand times)!
You're quickly discovering that neither Adjuster I. M. Strong nor his
supervisors at Granite Mountain Insurance are going to be fair. They're out to
take advantage of you. That’s the name of their game and that’s what they get
paid to do. Question: Is that really true? Answer: Yes, it’s really true. Take
it from Dan, I was on that firing line for 30 years!
From that point on you shut down. You be the listener. Let him babble on.
When he's finally done, you say, "Your points about my injuries are very
interesting. I'd like to discuss them in detail with my doctor“. Pause and then
add, “We'll call this off for now while I go back and consult with him."
Before he answers you should get up, smile, point towards the kitchen door
and bid him "Goodbye". If he balks, sneak a peek at your watch, tell him you're
late for another appointment and insist your meeting is over. He'll have no
choice but to leave.
If you do that here's what you'll have accomplished:
(1) You'll have seized the bargaining "momentum" and control from the
adjuster and, if you remain adamant he'll never get them back.
(2) Served notice on him that it's you, not he, who will now call the shots
in the negotiation "Power Game" he's been playing.
(3) Impressed the adjuster that the settlement will be done on your terms,
not his.
You may ask: Okay, I threw the adjuster out and let him politely but surely
know I’m not going to buy into his nonsense. So, when this all gets played out,
what have I accomplished?
The answer is: I. M. Strong is aware you‘ve not bought into his pitch and in
his secret heart he perceives that reality. For those in the home office (so as
to know exactly where they stand) his instructions have always been that
everything that passed between the two of you is placed into the report’s he
continues to send in, regarding the settlement talk’s he’s been having with you.
So, the fact that you’re not buying his story, will go into your file to be read
by that adjusters superiors.
Once they do they’ll have no choice but to conclude that you’re no pushover!
You’re going to stick to your guns because you’re right and the Medical
Report your attending physician executed for Adjuster Smart is legit. You know
that both your “pain and suffering” and the length of recovery from your
injuries, has been clearly stated.
Smart has correctly assumed that you’re not accepting his usual pitch, filled
with mumbo-jumbo nonsense, yet so often works. It’s beginning to dawn on him if
he doesn’t change his tactics you’re going to hand you case over to an attorney
and his superiors at Granite Mountain won’t be dancing for joy should that come
to pass.
Wait five or six weeks then call Smart and ask him to come back to talk some
more. I flat out guarantee you the next time you meet the power will have
shifted into your corner and you'll never again hear him attempt to minimize
your injuries. That often comes to pass because he’s received this typical six
word, one line memo, from his supervisor at the home office, “Settle this one
and move on”.
Granite Mountain will have reached the point where they’re satisfied to pay
and get rid of you. Why? Because personal injury claims continue to pile up and
clog their incoming pipeline. They’ve got a lot of other unsuspecting prey to
trap and shoot and it’s clear you're an individual who’s too wise, too tough and
too difficult for them to fuss with any longer.
DISCLAIMER: The only purpose of this claim tip is to help people understand
the motor vehicle accident claim process. Bruce Gow doesn't make any guarantee
of any kind whosoever; NOR to substitute for a lawyer, an insurance adjuster, or
claims consultant, or the like. Where such professional help is desired it is
the INDIVIDUAL’S RESPONSIBILITY to obtain said services.