The vast majority of personal injury actions reach a settlement as a result of negotiation between your accident lawyer and the insurance company’s staff attorney. Negotiations that do not reach settlement result in the need for a full trial on the merits of the case. In an effort to avoid the high costs of a trial, insurance companies are very eager to negotiate and settle with plaintiffs, sometimes for less than the case is worth.
The ridiculously Low Offer
Unfortunately, many insurance providers are not above using unscrupulous negotiation tactics to try and settle with injured plaintiffs. One common maneuver is for the insurer to make an offer so low, it cannot be considered serious or within the interest of productive bargaining. There are a number of reasons for this:
– The insurer is trying to gauge the plaintiff’s interest or confidence in the case. This could be an attempt to see if the low offer might sway the plaintiff into thinking the case is not really worth much, inducing him to counter with an offer much lower than his initial demand.
– The insurer has a policy against settling and would prefer to go to trial. In this situation, you and your accident lawyer are not likely to get very far in your negotiations and may be forced to attend a trial.
– The insurer or its adjuster is an inexperienced negotiator or was not given wide authority to settle the case. If the adjuster is doing the negotiating, it is likely that he was not given a high settlement threshold and will have to receive permission to settle a case for an amount greater than his allowance.
There are a number of ways your accident lawyer can respond to an unfair lowball counteroffer. If the counteroffer was insulting, you can refuse to keep negotiating and leave the room. You can also reassess your damages to make sure you are demanding an amount within an acceptable range. You can keep negotiating with your bottom line intact and refuse to accept any settlement not conducive with the amount you would like to recover.
If you are looking for an experienced personal injury negotiator, call your accident lawyer David Kashani today: 323-782-9605.