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In our experience, our clients avoid costly litigation by settling as car accident claims rarely head to trial. A detailed demand letter to the insurance company, as well as effective negotiations, will ensure the best possible settlement can be made.
Crafting A Demand Letter
First of all, you need to get the facts straight and present them in a way that paves the way for settlement negotiations to begin urgently. Some of the facts may include what happened to cause the accident and if any medical treatment was required.
Crafting the demand letter usually contains the facts in a clear and concise manner. These include what happened leading up to and during the accident, medical care and costs, and any lost wages while you were out of work. It is commonplace for the demand letter to ask for a higher amount of money than what was actually claimed so that the client and attorney have some wiggle room during the negotiation process.
Negotiation & Mediation After A Car Accident
The insurance company will review your demand letter and any documentation when they receive it. After review, they will typically send an offer letter that will come in lower than your initial offer. For example, if your offer is $10,000, they may come in at $2,000. You then may propose a counteroffer of $9,000, and so on and so forth. Negotiations will continue until you feel that you are compensated fairly.
But often when negotiation fails, it then leads to mediation. Mediation is when a neutral party will assist with the settlement. Usually, this neutral party will be a personal injury mediation professional with notable experience trying and settling these types of cases. Using an open mind and a point of view that can be empathetic to both sides, the mediator will try to resolve the matter amicably.
Getting An Offer You Will Accept After A Car Accident
When everything is approved and it is confirmed that auto, medical, and legal expenses are covered, it’s time to sign the offer letter. Make sure the “release” is signed by the injured party since the insurance company will only send compensation if this is completed. This is a binding agreement and legal document that states you accept the negotiated offer and will not pursue more claims against the insurance company for damages.
Contact Fellerman & Ciarimboli
If you need help settling your car accident case, contact the auto accident attorneys at Fellerman & Ciarimboli today for a free consultation.