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HOW TO NEGOTIATE A SETTLEMENT
WITH THE CLAIMS ADJUSTER
By: Dan Baldyga
Strong shift's in his seat and a victorious look (one that says he knows it
all) begins to march across his face. At that point he predictably states,
"Look, I can tell you, after handling thousands of cases like yours, that the
discomfort you may have had, for a couple of days at the most, are relatively
minor. They don’t even come close to justifying the three week’s
of work you lost and the disability you and your Chiropractor are claiming".
You're thunderstruck! Now he comes at you from another angle, "I've seen
thousands of cases like yours and I've had more than my share of exposure to
personal injury claims, examinations, Chiropractor-talk and recovery - - the
whole nine yards. I've seen physical trauma at its slightest and its worst. Any
judge or jury would know, once they heard about your so-called ‘injuries’ that
your physical problems were almost non-existent".
He'll take a minute to let that sink in and then he'll attempt to sway you even
more by telling you he can prove your time lost from work was not compatible
with the injury involved. He'll hint around about some "independent information"
he's supposedly gathered from your neighbors and/or business associates, which
indicate you’ve been involved in "very active" physical activities since the
accident.
Once he lets that one sink in he'll ramble on about the "independent examination" Granite Mountain had its local physician execute, telling you, with outrageous confidence, that his Medical Report states there was little, if anything, wrong with you. Then he’ll surely try this one on for size: “He's a professional .The only people he ever sees are those who’ve been in motor vehicle accidents. That’s what he does all day long, check out personal injury claims like yours. His report clearly states your physical problems were almost non-existent”.
He hums a happy tune to himself as he observes the amazement marching across
your face and that drum beat he’s heard so often begins to pound away within the
gray matter between his ears: Boom/Boom/Boom, declaring, “I gotcha!, I gotcha!,
I gotcha!"
If you let Strong get away with that than his attempt at downgrading your
disability will have been successful. As a way of "proving" what happened to you
wasn’t serious he’ll describe your “so-called injuries” with fancy medical
language and then compare them to the more extreme types of personal injury
problems or conditions he's dealt with in the past. The implication being yours
were obviously minor and have little, if any, value.
At that point he'll read the statements and opinions in your Chiropractors
Medical Report in such a way which, if not read properly, he'll insist proves,
“You may have been a little sore from a slight injury but it clearly states you
certainly didn't have any serious physical problems“. (You can bet every dollar
in your wallet that he’s made that statement several thousand times)!
You're quickly discovering that neither Adjuster I. M. Strong nor his
supervisors at Granite Mountain Insurance are going to be fair. They're out to
take advantage of you. That’s the name of their game and that’s what they get
paid to do. Question: Is that really true? Answer: Yes,
it’s really true. Take it from Dan, I was on that firing line for
over 35 years!
From that point on you shut down. You be the listener. Let him babble on.
When he's finally done, you say, "Your points about my injuries are very
interesting. I'd like to discuss them in detail with my Chiropractor“. Pause and
then add, “We'll call this off for now while I go back and consult with him."
Before he answers you should get up, smile, point towards the kitchen door and
bid him "Goodbye". If he balks, sneak a peek at your watch, tell him you're late
for another appointment and insist your meeting is over. He'll have no choice
but to leave.
If you do that here's what you'll have accomplished:
(1) You'll have seized the bargaining "momentum" and control from the adjuster
and, if you remain adamant he'll never get them back.
(2) Served notice on him that it's you, not he, who will now call the shots in
the negotiation "Power Game" he's been playing.
(3) Impressed the adjuster that the settlement will be done on your terms, not his.
You may ask: Okay, I threw the adjuster out and let him politely but surely know I’m not going to buy into his nonsense. So, when this all gets played out, what have I accomplished?
The answer is: I. M. Strong is aware you‘ve not bought into his pitch and in his secret heart he perceives that reality. For those in the home office (so as to know exactly where they stand) his instructions have always been that everything that passed between the two of you is placed into the report’s he continues to send in, regarding the settlement talk’s he’s been having with you. So, the fact that you’re not buying his story, will go into your file to be read by that adjusters superiors. Once they do they’ll have no choice but to conclude that you’re no pushover!
You’re going to stick to your guns because you’re right and the Medical Report your Chiropractor executed for Adjuster Smart is legit.You know that both your “pain and suffering” and the length of recovery from your injuries, has been clearly stated.
Smart has correctly assumed that you’re not accepting his usual pitch, filled
with mumbo-jumbo nonsense, yet so often works. It’s beginning to dawn on him if
he doesn’t change his tactics you’re going to hand your case over to an attorney
and his superiors at Granite Mountain won’t be dancing for joy should that come
to pass.
Wait five or six weeks then call Smart and ask him to come back to talk some
more. I flat out guarantee you the next time you meet the power will have
shifted into your corner and you'll never again hear him attempt to minimize
your injuries. That often comes to pass because he’s received this typical six
word, one line memo, from his supervisor at the home office, “Settle this one
and move on”.
Granite Mountain will have reached the point where they’re satisfied to pay and get rid of you. Why? Because personal injury claims continue to pile up and clog their incoming pipeline. They’ve got a lot of other unsuspecting prey to trap and shoot and it’s clear you're an individual who’s too wise, too tough and too difficult for them to fuss with any longer.
DISCLAIMER: The only purpose of this
claim tip HOW TO NEGOTIATE A SETTLEMENT WITH THE CLAIMS ADJUSTER is to help
people understand the motor vehicle accident claim process. Neither Dan Baldyga,
Dr. George Langlitz III, nor Physicians Plus.Net make any guarantee of any kind
whosoever; NOR to substitute for a lawyer, an insurance adjuster, or claims
consultant, or the like. Where such professional help is desired it is the
INDIVIDUAL’S RESPONSIBILITY to obtain said services.
Dan Baldyga's latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How
To Evaluate And Settle Your Loss) can be found on the internet at his web
site
Copyright (c) 2003 Daniel G. Baldyga. All Rights Reserved
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