Whether you begin the claims process with a demand letter, or wait for an offer from the insurance company depends on your situation. People often have no idea what their claim is worth unless they consult with an attorney. However, if it’s a small case with minor injuries, low medical bills, no extenuating circumstances, you may not want an attorney to share in your small settlement. If you’re determined to handle it yourself, it’s probably better to allow the adjuster to evaluate it and make you an offer. Although the offer may be low, it will likely be on the low side of a reasonable range. You can always make a counter-demand for a higher figure. Provide the adjuster with all of the information she has requested, along with any other documentation that might affect the value of the claim, so she can make an offer based on your best evidence.
If, however, you have a general idea what your claim is worth, it would be prudent to draft a demand letter including all the relevant information and documentation (medical bills and reports, proof of lost wages, receipts for other expenses, etc.) and close with a demand for settlement and a time limit within which to respond.
A word of caution if you are handling your own claim: The general public is not trained to evaluate accident claims. Adjusters have the education and training required, but their job also includes saving money for the insurance company and settling claims as quickly and as cheaply as possible. If you are handling the claim yourself, and time is not an issue, go slowly and negotiate wisely. Don’t jump at the first offer, and come down very gradually, allowing the adjuster to come up. CAUTION: If time is of the essence for you, i.e. if you are running up against the statute of limitations for settling or filing a lawsuit, and it doesn’t settle for what you believe to be a reasonable amount right away, you will need to contact an attorney immediately to protect your rights.
For more information about auto insurance claims, check out the following articles:
Evaluating Your Own Car Insurance Claim
The Initial Steps in Settling Your Car Insurance Claim
Negotiating Your Car Insurance Settlement
When the Adjuster’s Settlement Offer is Too Low
Settling Your Car Insurance Claim: How to Write a Demand Letter
When Your Car Insurance Claim is Denied
The Medical Authorization Form: What it is and Why You Got One
Check out our Free Advice website if you would like to learn more about auto accidents and the law.
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