The offer may not be far off, and the company may have a reasonable explanation for the discrepancy. Weigh the value of the time, effort and stress of a negotiation against the difference in what you have been offered and how much more you truly feel you need to be made whole financially. If you cannot agree to settle, your reply should be a formal business letter that makes the case for your higher demand.
Your letter should clearly:. Your letter should be free of anger or accusations. As in any negotiation, your counteroffer should be for less than your initial demand to indicate you are willing to work toward a reasonable compromise.
It is hard to say how many rounds of offers and counteroffers will be necessary. Expect less movement toward your figure in subsequent offers. You must also consider how slowly negotiations are going. If the insurance company is using delay tactics, you will need to keep in mind the statute of limitations for filing a personal injury lawsuit. You do not want to let the time limit expire.
If negotiations reach an impasse, the next step is filing a personal injury lawsuit. Colorado law contains statutes of limitations that limit the amount of time allowed to file a personal injury lawsuit. In Colorado, the statutes of limitations generally allow three years from a motor vehicle accident and two years for other accidents. That may sound like plenty of time, but a lawyer hired after your negotiations must start from the beginning with their own investigation and demands to insurers.
You could benefit from the assistance of an experienced personal injury lawyer if your insurance claim is disputed after an accident. I reported my pain to your insured and to the policeman. He offered to call an ambulance for me, but my car was drivable, and I just wanted to get home.
I laid down on the sofa for the rest of the day. It was a Saturday, and I did not have to work. I stayed on the sofa the next day, Sunday. I dragged myself to work on Monday. I am a production assistant at Channel 8 in Tulsa. I do most of my work sitting at my desk, but I also have to walk around and visit other offices on the average day. I saw my primary care physician and he diagnosed me with low back strain.
He told me to stay out of work and stay off my feet for a week. He gave me a prescription for 4 days of full strength Tylenol, then told me to switch to over-the-counter Tylenol after the prescription runs out.
After a week of full bed rest, I saw him again and he said that I could return to work, but that I should continue to take it easy no lifting for another three weeks. When I went back to see him at that point, he said that I could resume my usual activities, but that I should be careful not to overdo it for another 4 to 6 weeks.
I did return to work after one week, but I was pretty uncomfortable for the next month. It was painful to sit at my desk too long. I took Tylenol every day for at least a month after the injury. I am a runner and biker motorcyclist , and I had to take a month off, per doctor's orders.
That was very frustrating. I was barely able to turn my head without excruciating pain. My husband called into work for me and contacted our family physician, Dr.
Morley, for an appointment. Morley confirmed the cervical flexion diagnosis and ordered me to stay off work to prevent further injury. I was treated conservatively with muscle relaxers, over the counter pain relief, and alternating hot and cold compresses. I had a follow-up visit with Dr. Morley the following week. I was anxious to return to work despite the continued pain and stiffness in my neck. Morley allowed me to return to work on restricted duty so long as I continued to wear the cervical collar.
He also ordered two weeks of physical therapy to treat the stiffness in my neck and shoulder. The therapy was painful, but I was determined to do everything necessary to be able to resume my normal home and work activities. I have been a secretary at the Friendly Real Estate office for three years.
My job duties include typing, filing, transcribing dictation, and handling office supplies, like boxes of paper, and dealing with customers who call or walk-in. I was completely off work for one week without pay. I am lucky to work with a great group of people who took over several of my job duties so that I could return to work.
The following is a list of my medical bills and other financial losses related to my injuries and treatment. Copies of the bills are enclosed, along with a wage statement from my employer. Please respond within fifteen 15 business days. I appreciate your prompt attention to this matter. Even with great evidence and some coaching on how to negotiate an insurance settlement , sometimes negotiations break down.
Insurance adjusters can be particularly hard-nosed about soft-tissue claims. If you get an adjuster with a bad attitude you might be tempted to take their low offer just to get it over with. It costs nothing to find out what a good attorney can do for you. So far so good! Please answer a few more questions and then click "Go to Last Step".
But you may qualify for pre-settlement funding. This funding gives you the money you need to cover personal expenses now. Approval takes We respect your privacy.
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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. Use this sample as a guide in crafting your own response to the insurance company's unreasonably low injury settlement offer.
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