I was in an auto accident...?

(after getting a lawyer) ...When an insurance company offers a settlement, does it offer a second or third if the first one is refused? Or does the case go to trial after one offer is turned down?

I read the most interesting things in some of the answers in this forum.

I can only tell you what my experience has been. I have settled many, many, many bodily injury claims. I have never, not even once, had one go to trial. Not even once.

That said, I will tell you there is no scientific formula for evaluating an injury claim by which one might make an offer. That adjuster (and your attorney if you have one!) will evaluate the medical bills, medical reports, the facts of the accident and even the current legal environment. From there the adjuster will come up with a settlement range - a low and a high value within which the claim should settle.

The reason for this range is because a settlement offer is the start of a negotiation. No negotiator ever goes into a negotiation with a drop dead, take it or leave it figure. That would be foolish. At the same time, that initial offer should represent an honest appraisal of the value of the claim. Quite often, people take my initial offer so that offer must be fair. Since the point of an insurance settlement is to indemnify (legal term meaning to put someone back where they were before the accident), that inital offer should be at an amount that accomplishes indemnification. Likewise, any higher counter offers should indemnify. Underpaying or overpaying a claim does not accomplish indemnification.

If you think your claim is worth more than the adjuster offered, make a counter offer. If the adjuster is on their toes they are going to ask you why you think it is worth more. So you support your counter offer with something more than "I just think I ought to get more". Tell the adjuster about how you went to all your appointments with doctors because you took treatment seriously. Or tell them what an interruption it was to your life. Or how the throbbing headaches kept you up at night. Whatever you experienced, tell them about it. These things are not neccessarily reflected in the medical bills/reports.

But be reasonable. The adjuster settles claims every day. They know what a claim is worth. Likewise, attorneys know what claims are worth. Likely the adjuster and attorney have worked together to settle a claim before.

If no aggreable figure can be reached, a suit in court might be the only avenue left. But that is time consuming and expensive for both the insurance company and your attorney and will delay your settlement. And, going to court is like rolling the dice - you don't know what you are going to get. You might get less than what you could have settled out of court.

usually trial. if you're unwilling to accept the settlement then it means that you wish to further gain more compensation or whatever. it's your choice though since it's your insurance company that does all the legwork. that's where all those hefty fees and dues go to. usually it's a one shot deal however they will sometimes submit an additional settlement if it was a case of gross incompetance or it was clearly the other drivers fault. if you can get more, then get more. don't settle

It probably will go to trial. Why don't you make an offer to them? Good luck! You can always ask your lawyer.

you have to go to the polise

depends on the insurance company. some will give you an additional offer to settle, others won't. depends on the case.

The insurance company usually does not want to go to trial. Lawyers cost money, and it may not go their way. Most insurnace companies do not want the press or the inconvenience. Unless you are seriously hurt, do not think court will really work out in your favor. It will take forever to get a settlement, especially if there should be an appeal. Your lawyer will also take a huge cut of the money as well. It also depends on the insurance limits the other driver has. Should the driver only have state minimums (say $25000 in bodily injury), that is all the insurance company is obligated to pay. So if you get a $100000 settlement, you would have to get the rest out of the driver, and good luck on that.

If you are getting treatment, make sure there is no lapse in coverage. If you missed a month plus at the chiropractor or what not, the insurance companies will pick that one apart and low ball you.

Depends on insurance and case, going to court is expensive

It can offer as many more times better or worse than the first time... it will be up to the arbitrator (if it applies depending on the State your in), or your lawyer push it to go to trial. Now, most ambulance chaser's (lawyers) do not have trial experiences, if they do not, then they would more likely ask you to accept the settlement. If they have trial experience and you have a shot at winning then - Brrriiiiiinng It! Good Luck!

it works different for every person and for different states and also different auto insurance companies.

You should be asking your lawyer these questions. That's what they're paid for. But after my car accident, my lawyer and the other person and their lawyer all met for a meeting. Then they offered a settlement. Yes, if you turn it down you will need to go to court(usually) to let the court decide what's right. We settled too soon and for too little. Now 12yrs later I still have neck and spine injuries and have to pay out of my own pocket for care and surgeries. Best of luck to you.

I was just offered $50,000 from a insurance adjuster using a lawyer. I feel I was low balled because I had two surgeries on my left wrist and needed a third one but declined it. I told my Lawyer to ask for $70,000 and now that I think of it I believe I should of asked higher just to see maybe $70,000. This is a UIM case and I just wanna know how long does the adjuster usually take to either accept my offer or decline it. And if declined would they go back to there original offer of $50,000? Thanks for any info available

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