In some states, such as the state of California, insurers must deal in good faith with their customers. Good faith means that your insurance company will not try and take advantage of you, and it’s implied in every contract between an insurance company and the insured. Good faith also means that your claim payment cannot be denied or withheld by the insurance company.
However, it’s unfortunate that not all insurance companies follow the law and take their duty seriously, which in the end can hurt you.
Components of a Settlement Offer
The insurance adjuster uses a method they feel appropriate when determining an offer for a personal injury claim, using calculators to determine how much they feel is an appropriate amount to offer. Many times, the insurance company, or the other party’s insurance company, can deny the claim and force you to file a lawsuit if you want to receive compensation for your injuries.
Fortunately, most insurance companies don’t want to deal with lawsuits. Going through the litigation process is costly and takes time, and many cases insurance companies end up paying more when they drag the process through the courtroom than they would have if they settled the case out of court. Many find that working with a personal injury attorney who has experience negotiating with insurance adjusters works in their favor.
Accept or Reject the Offer?
You as the victim have the final say in whether a settlement offer is accepted or rejected. Your attorney will work with you in helping to make the right decision, and he will provide you with legal guidance along the way, but ultimately it’s up to you.
Many people wonder if rejecting a settlement offer means going to court. Rejecting a settlement offer does increase your chances of ending up at the trial phase, but your attorney may be able to re-negotiate with the insurance company until they present a figure that’s more in line with your injuries. If the insurance company is not willing to offer you the settlement you deserve, your attorney may advise you to take the insurance company to court.
If you’ve been injured in a car accident or other type of accident as the result of a negligent party or defective product, contact an experienced personal injury attorney at Guldjian Law. You’ll get legal advice that tailored to your specific needs to make the decisions that are in your best interest.