Common Negotiating Errors

1. Trusting the Insurance Adjuster – Mistake 1: Trusting the Insurance Adjuster

   The adjuster is not your friend. Insurance claims adjusters are trained to engage claimants in informal discussions. They try to get you to relax, so you let your guard down. Being too relaxed makes it much easier for the adjuster to get you to say things they can use against you. Be on your guard at all times.
   Don’t be too friendly with the adjuster. Be polite, but not submissive. You must go into settlement negotiations with a firm hand, believing your side of the claim is the truth. You don’t want the adjuster to “handle” you. Set a polite business tone on your first contact and keep it that way.
   Don’t give the adjuster your Social Security number. Having your Social Security number allows the adjuster to access a lot of personal information. Although technically prohibited, the adjuster can check your credit history or access other information that might work against you.

2. Speaking Without Thinking – Mistake 2: Speaking Without Thinking

   Your chance to negotiate a fair settlement can be ruined with just a first few words of introduction with the adjuster. Take this common exchange, for example:

   Adjuster: “Good morning Mr. Smith. How are you today?”
   You: “Fine thanks, and you?”

   You’ve just made your first mistake, by telling the adjuster you’re “fine.”  A better exchange would go something like this:

   Adjuster: “Good morning Mr. Smith. How are you today?”
   You: “Good morning. I’m ready to discuss my injury claim.”

   Don’t rant or offer opinions. Expressing opinions may come later, but for now, just discuss the basic facts. Limit what you say to:

   • The location, date, and time of the collision
   • Your name, address, phone number, and email
   • The location of your car

   A few careless remarks can end up costing you thousands of dollars in settlement money.

   Admissions against interest are statements or comments that can be used against you later.  The insurance company will specifically look for evidence of these admissions.

   Common admissions people make after a crash include:

   • “I’m sorry. I didn’t see you.”
   • “I was texting,” or “I was on the phone.”
   • “I was talking with my passenger.”
   • “My tires are worn. I’ve been meaning to have them replaced.”
   • “I just looked down for a second to change the radio station.”
   • “I’m okay,” or “I don’t need the paramedics.”

   Be careful not to make comments like this at the accident scene or later, when talking to the adjuster. They may come back to bite you.

3. Giving a Recorded Statement – Don’t agree to give your recorded statement. It’s not a good idea to give a recorded statement without an attorney to represent you. Once you give a recorded statement, your claim will be limited to the specifics of that statement. The only one who can benefit is the insurance company. During a recorded interview, you’re likely to be manipulated by the adjuster.
   Manipulation tactics can include:
   • Asking the same question several different ways at different points in the interview
   • Making comments and seeking your agreement
   • Asking leading questions about the accident, your finances, and what you might have done to avoid the collision

   Offer to provide a written statement about how the accident happened.

4. Signing a  Release – Don’t sign any medical releases right away.

   Standard insurance company release forms allow the company to gather all your medical information for the past five to ten years. Protect your medical privacy. The adjuster doesn’t need that information at the start, and should never need your entire health history to settle a minor injury claim.
   Once you’re nearing the end of your treatment, then you can sign a limited release that allows the insurance company to gather copies of your medical records related to the accident.
   Alternately, instead of letting the insurance company gather your medical information, you can request all your relevant bills and records, then send copies to the insurance adjuster.

5. Accepting the First Offer – The adjuster might call with an initial offer as soon as you’ve filed an injury claim. If you only want a few medical bills paid and compensation for a day or two of lost wages, you might be willing to take a minimal settlement offer and call it a day. Unless you’ve fully recovered, you can be sure their initial offer is much lower than your claim is actually worth. Keep in mind that your health insurance company has a right to be repaid from your injury settlement for what they paid on your behalf. It’s okay to tell the adjuster you won’t be ready to discuss settlement until you’ve recovered from your injuries. If the adjuster asks when you expect to be recovered, say “I don’t know. I’ll be back in touch.” and politely end the call.

6. Overlooking Important Evidence – You’ll need solid car accident evidence to prove the other driver’s liability (responsibility) for the crash and to prove the extent of your injuries.

   Police Report: The responding officer’s opinion of fault and description of the accident hold a lot of weight with adjusters. The police report is convincing evidence of the other driver’s fault. Medical Records: Do your homework before you get started. If you don’t have all your medical bills, make a proper request for all your bills and records. Use a tracking log to make sure you haven’t missed anything. Lost Wages: Contact your employer’s human resources department and ask for a statement of your lost wages while you are out getting treatment for your injuries. And make sure you have all the receipts for your related out-of-pocket expenses. Don’t take for granted your claim will settle. Always keep in mind the possibility your case will end up in court. Organize your evidence, correspondence, and other claim-related paperwork as if you may ultimately have to file a lawsuit.

7. Guessing Your Claim’s Value – Don’t just pull a settlement number out of the air, or rely on the adjuster to determine fair compensation for your injuries, lost wages, and pain and suffering. When you’ve fully recovered from relatively mild injuries you can calculate a reasonable settlement for all your car accident damages. Minor injury settlements don’t have to be complicated. Add up the total amount of all your medical bills, physical therapy bills, out-of-pocket expenses for things like medicines, crutches, and related costs like mileage and parking fees for your medical treatment, and your lost wages. You are perfectly justified in requesting a reasonable amount of money for your pain and suffering caused by the accident. Settlements for minor injury claims typically include an amount for pain and suffering that’s one-and-a-half to three times the total medical costs. Your demand for pain and suffering compensation should be in proportion to the scope of your injuries. You won’t be taken seriously if you ask for a hundred thousand dollars in pain and suffering for a sprained wrist that kept you out of work for three days.

8. Ignoring Your Medical Records-The adjuster will go over your medical records with a fine-toothed comb. It’s a lot to read, but make sure you read and understand everything that’s in your doctor’s notes and treatment records. You need to be able to defend the nature of your injuries, why your doctor prescribed treatments, and why you needed to be off work. Don’t just say, “I have whiplash.” This can be a red flag for claims adjusters. Although whiplash can be very painful, don’t mention it before you’ve been diagnosed by a physician. Adjusters sometimes even dispute medically-diagnosed whiplash, so claiming it without medical proof will almost always be challenged.
   Avoid exaggerating. Claims adjusters hear all kinds of stories, and they can usually tell when someone is padding the truth. If you exaggerate at all, you’ll have to remember it each time you speak with the adjuster. That’s not only inappropriate, it’s hard work! Tell the straight truth, it will speak for itself.

9. Discussing Prior Injuries – Don’t discuss any pre-existing injuries. You can set back your claim by admitting you have a prior injury too soon in the claims process. If you tell the adjuster about it, they’ll be quick to say your latest injury is just an exacerbation of your previous one. You need a doctor to evaluate how one injury is related to the other. When talking to your doctor, be sure to distinguish how your current symptoms are worse or different than with your prior injury. It’s not uncommon for x-rays or scans to reveal age-related conditions, like degenerative disc disease, that you didn’t know you had. It’s important to make clear that you did not have any pain or limitations before the accident.

10. Revealing Family Issues – Don’t share that you are going through a divorce or don’t have the money to pay your bills. Be careful if holidays are approaching. The adjuster will assume you need money for holiday gifts. Never let on that you would like to get your claim settled by a certain date, like a planned family vacation or your daughter’s wedding. The adjuster will never come off a low offer if they think you’ll take what you can get just to meet your “deadline.” Don’t give the adjuster names of family, friends, or work references. The adjuster doesn’t need that information to settle a personal injury claim. You don’t want the adjuster hassling your friends or family, or speaking with someone who might imply you’re dishonest. Of course, contact information for witnesses is fair game.

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