- May 9, 2012
- In orange County Personal Injury
The way insurance adjusters operate is heavily influenced by their relationship with their company’s defense attorneys. This aspect of the insurance industry is often overlooked by inexperienced Irvine personal injury attorneys. The inexperienced attorney may believe that threatening an adjuster with a lawsuit will quickly result in a fair settlement offer. Unfortunately, such threats can backfire.
Threatening the adjuster with a lawsuit usually won’t improve settlement offers
An experienced Irvine personal injury attorney knows that a lawsuit is not much of a threat to any decently-sized insurance carrier because most of them have excellent defense attorneys to contend with any lawsuits.
Adjusters will not be worried about lawsuits and that threatening one will accomplish nothing. Once a lawsuit is filed and responsibility for the case is transferred from the adjuster to the defense attorneys, the case may suddenly become much more difficult. Often, the defense lawyer will identify a weak aspect of the case and hammer it home to get the plaintiff and his attorney to lower their expectations. A satisfactory settlement may not be possible and the only alternative may be a trial.
Picking up on clues that the adjuster is not eager to settle
A skilled Irvine personal injury attorney will pay attention during early settlement negotiations and notice certain clues provided by the claims adjuster as to how the insurer views the case. The adjuster may mention weaknesses in the case, such as uncertain liability, questions about the cause of the accident, and pre-existing injuries. These hint that the insurer has a fairly low valuation of the case and will likely push back hard on these points at trial. If the adjuster’s second offer is only a little more than his first offer, he is not looking to settle the case quickly and is demonstrating the insurer’s willingness to take the case to court.
Experienced attorneys will not try to argue with such frugal adjusters or spend a lot of time trying to convince them of the value of your case. They will try to look at the case from the adjuster’s point of view and ask how a jury is likely to see the case at trial, who will likely represent the insurer in court, and what the total litigation expenses are likely to be. After looking at all factors, your attorney will make a decision as to whether the insurer can be negotiated up enough to produce an acceptable settlement, or if you and the insurer are just too far apart and have no choice but to begin litigation.
Irvine personal injury attorney Samer Habbas will aggressively pursue your claim to ensure that you are rightfully compensated for your injuries. At the Law Offices of Samer Habbas, we provide each and every client with first-class service, keeping each client informed of all important developments. For a free initial consultation, call us today at 888-848-5084.
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