Is The Insurance Company's Refusal To Settle A Bluff?

Law Blog

The negotiation process after a car accident can be challenging. During the negotiations, the insurance adjuster might claim that he or she would prefer it if the case is heard in court. In many instances, this is a bluff. If the adjuster has threatened court, here is what you need to know.

Why Is It a Bluff?

A majority of car accident cases are settled before they head to court. There is a good reason for this. The insurance companies know that juries can sometimes be easily swayed by the evidence presented by either side. For an insurance company, this could mean a larger award amount than the plaintiff was asking for initially.

In addition to not wanting to take a chance on a jury, the insurance company wants to avoid the costs that come with going to court. Not only is there the chance of losing the case, but the company is faced with paying attorney's fees. Depending on the length of the trial, the cost of settling could be far less than going to court.

By settling with you out of the courtroom, the insurance company can prevent you from getting a huge payout from the insurance company and can close off any chances that you will want to file a claim at a later date.

What Should You Do?

If the insurance company is stalling on negotiating with you, there are a few tactics you could use to push the adjuster towards upping his or her offer. One possible way to get a fairer settlement is to provide the insurance company with even more evidence. For instance, if you have pictures of your injuries, share them with the adjuster.

The adjuster knows that the images of your injuries and the insurance company's refusal to settle to that point might not play out well in court. If the adjuster believes that the threat of going to court is real and that you have an emotional plea you can make to the court, he or she might be more willing to negotiate.

You can also make an appeal to the adjuster's supervisor. If you and your attorney, like those found at, believe that the adjuster is being unreasonable with his or her offer, you can directly complain to the supervisor. The supervisor can review the case and make a different offer to settle the case, if necessary.

Although it can be frustrating, do not give up in your negotiations with the insurance company. Your attorney will help you make the best deal possible. 


18 July 2017

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