What Are My Options If Negotiations Are Unsuccessful?
You were injured in an accident that you believe was caused by another party. You open a claim with that party’s insurance carrier. You seek all necessary medical treatments and it is now time to negotiate a settlement. However, negotiation talks do not proceed as you expected. The adjuster is not budging from what you believe to be a very low offer, and you are not going to move lower and undervalue your claim.
It is important to realize that not all personal injury claims reach settlement with the insurance adjuster. In fact, most claims do not successfully settle, making it necessary for the parties to take other actions to resolve the claim. Most claimants mistakenly believe that if their case does not settle, their only option is to file a lawsuit and litigate their case in court. Although this may be the only option in some cases, most of the time there are may be other options available.
When Is It Time to Seek the Alternative
It is difficult to know when is the right time to seek alternative means of resolving your personal injury claim. Some common situations, which may make it necessary for an alternative to simple negotiation tactics, include:
- The insurance adjuster denies your claim without good cause.
- The insurance adjuster refuses to openly communicate with you.
- The initial claim was filed against the wrong party or with the wrong insurance company.
- The insurance adjuster is acting unreasonably in the way he or she is handling your claim.
- The insurance adjuster continues to make unreasonable demands in requesting for you to produce documents (i.e. medical, employment, etc.) that you have communicated as being unable to produce.
- The insurance adjuster is stonewalling your claim by using unfair delay tactics, especially if you are getting close to your statute of limitations.
Alternative Options In Resolving Your Personal Injury Claim
If any of the above scenarios applies to your particular situation, you may need to consider alternative methods of resolving your claim. Four common options that you should consider are:
- Hiring a knowledgeable personal injury lawyer who knows how to properly handle the adjuster and avoid the tricks that they utilize in delaying the settlement of personal injury claims.
- Hiring a mediator to help you engage in an informal dialogue with the other party in the hopes of facilitating the settlement of your claim.
- Hiring an arbitrator or neutral third-party to resolve the impasse by hearing both sides of the story and simply making a decision, which can be either binding or non-binding.
- Filing a claim with small claims court. This option may only be available if the value of your claim is not above a certain limit. The limit varies in each jurisdiction, so be sure to check the local laws before choosing this option.
Get In Touch With Us Today
Injured in an accident? Call an experienced personal injury attorney in Los Angeles today. For more information or to schedule a free consultation, call the Law Offices of Samer Habbas at 888.848.5084.