How to Negotiate Your Own Personal Injury Settlement

Not every case needs a lawyer. If your case is small, you may be able to negotiate with the insurance company yourself. We don't often recommend this, as it can be very difficult even with a small claim to work with the insurance company, but it is possible.
After an accident, the timeline looks something like this:

- You've been in an accident that wasn't your fault.
- You get medical treatment to determine the extent of your injuries.
- You put together supporting documents, like pictures, police report, etc.
- You determine how much you believe would be a fair settlement and you send a demand letter to the insurance company.
- Negotiations begin.

Hopefully, the auto insurance company will agree with your assessment of liability (who was responsible for the accident) and they will agree to compensate you. The hard part is reaching a figure you can both agree on.

Here are some tips:

1. Consider what you feel would be a fair settlement, within a range. Demand the top of that range.
2. Decide on the minimum you will accept and stick to it.
3. If the adjuster suggests something you hadn't thought of, be reasonable.
4. If the original offer is within range, you may want to adjust your figures Higher - they often lowball you, but don't lowball yourself.
5. Never accept the first offer.
6. If (when) they offer you a really low settlement, ask them to justify the number.
7. If you feel the original offer is fair, counter offer with something slightly higher than the offer, but lower than your demand to show you're willing to negotiate.
8. If you're having trouble, don't be afraid to bring up emotionally compelling evidence. The adjuster knows these emotional factors could sway a jury in court, and will want to avoid a lawsuit.