QuestionI am dealing with the insurance company regarding my persoanl injury settlement. Their inital offer was too low in my opinion so I have been sitting on the claim for about a year. They recently sent me a letter upping the offer $500.00 but saying the offer is only good for 10 days and if I dont respond they will close my case? Under the statue of limitation for Texas I still have another year to settle this claim. My question is can they do this and once the offer is put out there how can they say it is only good for 10 days? I appreciate your help.
AnswerHi Eric,
The adjuster is just trying to close her file and she is using both the "carrot" of $500 and the "stick" of threat to close your claim to get you to budge and respond to her. Can she do this? Of course she can use this means of trying to shake loose a counter offer. This is a valid negotiating tactic and it works very well with most people. Fortunately for Eric, he was bright enough to ask: so you will learn the correct scoop below.
The techniques of insurance claim negotiations are taught at www.SettlementCentral.Com but it is probably too late for you to get much out of purchasing a membership since you are at the end of your claim. But two of the things we teach are applicable here.
#1. Be responsive to the adjuster. Learn how to send back a response to a low offer. The response has power even when you are rejecting the offer since it includes evidence she needs to consider. We call that response your "second salvo". We would have instructed you to make that response right after you got the low offer.
#2. Learn how to deal with deadlines and threats. Since the timing of the deadline or threat differs in each case—i.e. some near to the statute of limitations and others a long way from it—no general rule can be established. However, one needs to first see how much time is really left, and respond accordingly.
In this case, the response needs to be mature and not anger. Yes, she is free to close your claim in her office. So what? That does NOT IMPACT YOUR RIGHTS. All that means is that she gets to move it off her desk. See, she is being graded by how long claims remain open and you have given her a bad mark for the past year.
So by sending this letter she is free to close your claim in her office and to move it off her open files category. What does that do for your rights to bring a lawsuit? Not a darn thing.
She CANNOT TERMINATE YOUR RIGHTS by closing her file. It is just for her benefit. Anytime you send in your response to her offer she will reopen the file and respond to you.
Now, what should you do?
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#1. Respond in writing only—see below.
#2. Get some ammo for your second salvo letter. You will want to provide her SOMETHING she has not had heretofore. A new witness statement, a narrative letter, an updated doctor's report, some additional lost wages, some additional proof of interference in your personal life. Anything with some substance to it.
Why? Because IF she wants to settle and to pay you some more, you have to give her something to paper her file with so she can then go to her supervisor and seek some more authority.
#3. Aploogize for the delay in responding. Explain that the amount was so low you must assume responsibility for not communicating to her all the problems and pain you have suffered. Tell her that the low ball offer was so depressing that you did not feel up to putting together a package to move her forward.
Tell her that you know she has every right to close her file for administrative and adjuster evaluation purposes, but of course it has no relevance on your rights to pursue your claim. Double check your statute of limitations to make sure you are right and then put that date into the letter.
Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
