Negotiating with Insurance Companies

It’s often said that negotiations are founded on compromise, or that neither side gets everything they want. Unfortunately, many people injured in car accidents find themselves on the losing side of insurance claim negotiations. They’re often forced to pay a large part of their medical bills with their own money and receive only a small percentage of their lost wages, without any compensation for their pain and suffering.

At Kanner & Pintaluga, we’re always prepared to negotiate with insurance company injury lawyers. We never settle for anything less than the best possible outcome. We are aggressive negotiators who have handled settlements with at-fault drivers and their insurance companies on behalf of thousands of previous clients. We can handle any type of injury claim settlement negotiation and deliver the best possible outcome for you.

We Know First-Hand Insurance Companies Don’t Play Fair

At the end of the day, insurance is a business. They are companies that will prioritize profits over people. This means that insurance adjusters will typically minimize payouts or deny claims altogether by disputing liability or downplaying the extent of the victim’s injuries.

Insurance providers may not even have their loyal policyholders’ best interests at heart. In states that don’t require personal injury protection (PIP) insurance, it’s pretty likely your policy doesn’t have such coverage. In states that do require PIP plans, they often don’t offer nearly enough coverage.

For example, the state of Florida only requires a minimum of $10,000 PIP coverage. Even if you insure yourself for more than the minimum, PIP in Florida only covers up to 60 percent of lost wages, 80 percent of medical bills, but nothing for emotional pain and suffering. In many of the 18 states that Kanner & Pintaluga and our partners serve, PIP is not mandatory, or the minimum may be as low as $2,500.

So, even if your insurance provider honors your claim, such meager coverage may not come close to paying for your medical expenses, especially if your injuries are severe. You could be left without financial compensation with a permanent disability, disfigurement, a head or spine injury, all with long-term health ramifications.

How Our Trial Lawyers Win Insurance Negotiations

After an auto accident, negotiating with the at-fault party’s insurance company is never easy. An insurance adjuster’s goal is to minimize their payout. The lawyers at Kanner & Pintaluga fight to get everything you deserve. Only one side can prevail, so here’s what we do to protect your interests and maximize your recovery.

Build a Demand That Sets the Value

The first move should always be yours. Instead of waiting for a lowball offer, we get the ball rolling by submitting a comprehensive demand letter to the insurance company. This letter outlines the facts of the case, establishes the other party’s liability, and details the full value of your damages. Potential damages can include medical bills, lost income, and pain and suffering. The professionally calculated figure we include in the demand letter serves as the baseline for negotiations going forward.

How To Counter a Low Insurance Offer

Insurance adjusters will almost always counter your demand with a much lower offer, supported by various arguments. Thankfully, our experience has taught us how to counter a low insurance offer. Our job is to dismantle those arguments with objective evidence. We utilize police reports, witness statements, and accident reconstructions to establish liability and counter any attempts to shift blame.

Comparative Fault and Medical Disputes

Two negotiating tactics we routinely see from insurance companies are arguing comparative fault (claiming you were partially to blame) and disputing the necessity of your medical treatments. We’re always prepared to address these claims head-on, using all the factual data we have to prove the other party’s liability and validate your medical care.

Control the Conversation: Write, Track, Follow Up

We take a disciplined approach to negotiation. Every offer, counteroffer, and significant conversation is documented in writing to create a clear record that helps us hold the insurance company accountable. We monitor all deadlines to ensure the insurance claim negotiation timelines stay on track. We also follow up on every open item, so that the insurer can’t use delay tactics to wear you down.

Knowing When to Escalate or File Suit

If an insurance company refuses to negotiate in good faith and offer a fair settlement, we don’t hesitate to escalate. The ultimate leverage in any negotiation is our willingness to walk away and file a lawsuit. We’re always fully prepared to take your case to a jury, a move that can sometimes prompt an insurance adjuster to make a better offer.