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You need to know the case better than they do and know what a reasonable settlement figure actually is. What would a jury do with the case? Talk to some experienced lawyers in your state to determine these answers. If the adjuster is unreasonably low, then you can file suit.
I’m smaller cases I just never respond to them and file. I’ve heard from many ex adjusters this gets flagged for them. They’ll call you asking for an extension on the answer and doubling the offer or getting you to reasonable settlement territory.
If you have a good case that you want 5x the meds you have to write a good demand letter and get a letter opinion from your doctor. It just works the best imho. Otherwise that adjuster can’t get off of the 2x the meds chart in their system.
Having a detailed demand letter with damages listed and explained helps because they can forward that comprehensive demand letter to their boss and get more authority. Calculate the economic damages and send evidence. They have bosses and have to CYA before they write checks, so they need the evidence in their file to justify the payout.
However, if the injuries are severe and damages are large then you will have to litigate and go through formal discovery. Again, adjusters just doing CYA before they write a really large check.
A4, depending on your state of practice those can obviate any potential bad faith. The insurer cannot force their insured to complete them. If you want affidavits send them earlier in the case.
Threaten to litigate and send a draft complaint.
Also sometimes I just choose to ignore letters/calls from the adjusters. You'd be surprised how often the unpredictability of talking a big game then literally doing nothing and going completely radio silent will result in better offers as some adjusters will bid against themselves just to get the case done quickly.
Edit: this works very well if you've already sent a draft complaint and a large demand. I am not advocating for ignoring the case. Work the case, get experts etc. But every now and then just ignore an adjuster for no apparent reason.
Be like Picasso in Robert Greene's book 48 laws of power.
I do this sometimes. Just ignore them. They keep calling and increase the offer on their own. This especially works for the older school companies that really need to go back and forth in small increments. It helps if you have, or your firm, has a good reputation already because then it's not assumed you're lazy but 1) busy and profitable and 2) not willing to play their game because you know you can just try it.
Chief
Include prior jury verdicts with similar injuries and basic facts to your case (including venue). This always helps to back up your demand and expectations
Westlaw Jury Verdicts and Settlements is huge
We focus on how we can provide sizable, hard numbers to the adjuster. Firm number on past medical, medical expert supporting future treatment in X amount, expert economic report, those sorts of things. The more concrete figures we rack up on the whiteboard and provide support for, the better chance with have to trend higher.
Thanks!
Have all the language in your written demand to build a bad faith case in the event they don’t settle at or within policy limits. If the language is in there, the insurance company freaks out and has an internal meeting about it.
What state?
I don’t know what the law is in DC but if they refuse to provide the policy, dec pages, or even tell me the limits, I send a letter politely telling them I’ll get that in suit and “are you really going to not provide basic information to protect your insured?” Catch them in bad faith on that a lot.
Just tell me man, it’s not going to change the facts of the case
If the carrier is one of the big 3, good luck because their number is all based on some algorithm. List out all injuries and treatment in detail. Do some verdict searches where you’re venued and pass to the adjuster to show what they’d be up against at a trial.
I was referring to GEICO Allstate and State Farm, but progressive stinks too.
Send a nastygram
Depending on the circumstances, this. I have my adjusters I’m cool with, and I have my adjusters who offer crap and they know it. I also get the adjusters who offer $3k on a clear limits tender. Those are the ones that get my nastygram with a draft complaint that’s ready for filing.
Come in reasonable and be courteous with them. Some of them hold grudges depending on your approach. Obviously you’ll have marching orders by clients and supervisors on demands but knowing the case inside and out helps. Depending on threshold laws know if your client meets threshold or arguments you’re going to make for it.
You can determine the policy limits through 3rd party entities, other things that are helpful is to look for objective findings that support your clients injuries versus subjective complaints of pain, finally know how your client presents and whether your case is strong or is better off settling prelit, Ive been doing this for 9 years, know when your case is strong and just file if they are lowballing you, always be on the offensive
Send them the actual medicals and also draft petition. Build a good relationship and just let them know you practice in that venue/ jurisdiction and how cases turn out. They’ll likely engage defense counsel at that point who will likely back you up. If it’s a 30/60 policy don’t send a demand for policy limits, unless it’s a true policy limits case. Adjusters take that personally.
Following. Just started doing this on the side at my firm and on my second case. Progressive low balled is with a $200k offer when economic damages are $500k and there are another $100k in disability/medical bills, plus pain and suffering and future medical expenses. I demanded $1.2M. They have until Monday to respond or I’m filing suit, which looks like what I’ll have to do.
Not criticizing, but I had a mentor who would actually do the exact opposite. And throughout the two years (CA) the adjuster a be getting letter after letter after letter some would get CCd to 3rd party insured (driver at fault) with snail mail. There was multiple reasons for using that strategy and it was very effective, but I’ve seen/experienced it as you articulated and that’s just as effective.