The Insurance Negotiation Process

If you file a personal injury claim with an insurance company after an accident, you must be prepared to negotiate a settlement with the claim’s adjuster.  The attorney’s at Jarvis, McArthur & Williams have extensive experience negotiating with insurance claims adjusters.  Negotiating a settlement is part of the personal injury claims process, which begins when you report your injury to the insurance company and file a claim. If you decide to accept the insurance company’s settlement offer, the personal injury claims process will end at that point with the person that injured you or your insurance company if you are making a uninsured or underinsured motorist claim.  In the alternative—and in consultation with an experienced attorney at Jarvis, McArthur & Williams—you may reject the insurance company’s offer to settle and pursue a lawsuit.  Please keep in mind that many times individuals do not understand that settling with an insurance company does not relieve the injured party from their obligation to satisfy any insurance liens that exist as a result of settling a case.  The best course of action is to always contact one of the experienced personal injury lawyers at Jarvis, McArthur & Williams to seek advice. 

This page provides basic information about the personal injury insurance settlement negotiation process. It may not apply to you, and is not a substitute for consulting with an experienced personal injury lawyer at Jarvis, McArthur &Williams.

Although it may be possible to secure a favorable insurance settlement on your own, hiring a personal injury lawyer offers you the best chance at receiving the maximum amount of compensation for your injuries and other losses after an accident.

The Personal Injury Claim Process

The personal injury claim process begins when you report your injury and initiate a claim with the at-fault party’s insurance company (or with your own insurance company in the event of a first party claim, such as when the at fault driver did not have insurance or had inadequate insurance—known as underinsured or uninsured motorist coverag), and ends when you decide to accept or reject the final settlement offer from the insurance company’s claims adjuster. It is helpful to think of negotiation as part of the entire personal injury claim process. At each step, you should be advocating for the highest possible settlement. The claims adjuster will be trying to diminish your claim in an effort to pay you as little as possible.

You should become familiar with the basic negotiation steps discussed below. The more familiar you are with the personal injury claim process, the better prepared you will be to negotiate a settlement that fully accounts for your injuries and other losses.

Steps to Negotiating a Personal Injury Settlement

Insurance companies train their adjusters on how to negotiate personal injury claims.  The insurance companies always treat individuals representing themselves differently than they treat experienced personal injury lawyers.  As such, you should contact the experienced attorneys at Jarvis, McArthur & Williams.  Although all insurance companies handle personal injury claims differently, the settlement negotiation process will look something like this.

1. You file a personal injury claim with the insurance company

The first step in your personal injury claim is notifying the at-fault party’s insurance company about your accident and injuries or alternatively your insurance company if the person responsible for your personal injury does not have insurance. You do this by filing a claim with the insurance company. Most insurance companies allow you to file a claim over the phone or by filling out an online form. You should file a claim as soon as possible after an accident, as many insurance companies require you to do so within 24 hours after an accident. Filing a claim effectively begins the settlement negotiation process.

2. You receive a reservation of rights letter from the insurance company

In response to filing a personal injury claim with the at-fault party’s insurance company, you will receive a “reservation of rights” letter from the insurance company. The reservation of rights letter will indicate that the insurance company plans to investigate your claim and will discuss it with you, but by doing so they are not admitting to any liability for your injuries on behalf of their insured (the at-fault party). It is important to fully understand the implications of the reservation of rights letter. If you have questions about the letter, you should contact an attorney at Jarvis, McArthur & Williams.

3. You send a demand letter to the insurance company

As soon as you are at an end of medical care in your personal injury case, you can send a demand letter to the at-fault party’s insurance company. Your demand letter should lay out the basic facts of what happened in your accident and how badly you were hurt. It should also itemize your damages, including medical bills, out-of-pocket expenses, and lost income. These damages are known as your “special damages” (or “specials”).

Once you have calculated the total amount of your special damages, you will multiply this amount by a number to reflect your pain and suffering. This figure is otherwise known as your “general damages.” The combined amount of your special damages and general damages will be your total settlement demand.

4. The claims adjuster will respond to your demand letter

After you send a demand letter to the at-fault party’s insurance company, you will receive a response from the insurance claims adjuster. The claims adjuster may call you on the phone to discuss his or her initial offer, or send you a written letter containing an initial settlement offer. At this point, the real negotiations begin.

The claims adjuster will try to convince you that your claim is worth much less than your total settlement demand. The claims adjuster may try to say that your special damages are far too high for the type of accident you were involved in. He or she may try to pressure you into accepting a low offer right away by claiming it is a one-time offer. You may be told that your settlement demand exceeds his or her “authority,” which refers to the maximum amount the claims adjuster’s supervisor will allow your claim to settle for.

Do not be alarmed by a low settlement offer. You should never accept a settlement offer that does not fairly account for your injuries and other losses. By making a lowball offer, the claims adjuster is testing you to see if you are impatient enough to accept the initial offer. The claims adjuster wants to see if you really understand how the personal injury claim settlement process works, and just how far you will go secure compensation for your injuries.

In some rare cases, the claims adjuster will make a fair initial settlement offer. But typically, the next step in the negotiation process is to reject the claims adjuster’s initial offer and make a counteroffer.  The claims adjuster will treat individuals representing themselves differently than an experienced attorney.  The personal injury attorneys at Jarvis, McArthur &Williams have a combined 85 years negotiating with insurance claims adjusters.

5. You reject the claims adjuster’s initial offer and make a counteroffer

If the claims adjuster did not make a fair initial offer, you should reject the offer and make a counteroffer. You do this by writing a letter to the claims adjuster stating that you cannot accept his or her offer. Tell him or her why you do not agree with the initial offer. Reiterate how badly you were injured, and remind the claims adjuster that your medical treatment was absolutely necessary.

In making a counteroffer, you should reduce your initial settlement demand, but not by too much. This will show that you are willing to compromise, moving the settlement negotiations ahead.

6. You and the claims adjuster continue to negotiate

Once you have made a counteroffer, negotiations will resume. The claims adjuster may not respond to your counteroffer right away. You must be patient and wait until the claims adjuster makes another offer. If you call the claims adjuster before he or she makes another offer, you will ultimately harm your chances at receiving a fair settlement.

The negotiation process might involve several more offers and counteroffers between you and the claims adjuster. You must continue to defend your position, pointing at every opportunity to the reliable evidence of your injuries and other losses that you included in your demand letter. Hopefully, you and the claims adjuster will arrive at a settlement figure that fairly reflects the severity of your injuries.

7. You accept or reject the final settlement offer

If you and the claims adjuster have not yet reached a settlement agreement, the claims adjuster may make a final settlement offer. At this point, you must decide whether the settlement offer is acceptable. If you believe that the claims adjuster’s final settlement offer is acceptable, there are certain steps you must take in order to accept the offer.

If the claims adjuster’s final settlement offer does not fully account for your injuries and other losses, you may need to consider filing a personal injury lawsuit. Because filing a personal injury lawsuit requires special skill and training, as well as a thorough knowledge of the law and legal system, you should not do so without the assistance of a qualified personal injury lawyer at Jarvis, McArthur &Williams.

Settlement Negotiation Tips

In order to negotiate the best possible settlement, you must:

• BE PREPARED. You should be as prepared for the personal injury claim process as possible. Familiarize yourself with the steps involved in negotiating a settlement, and gather as much credible evidence of your injuries and other losses as possible. Being prepared will help you remain confident, calm, and collected throughout the settlement negotiation process.
• BE PATIENT. Do not jump at the first settlement offer that comes your way. You must stay patient throughout the entire settlement negotiation process. Impatient personal injury claimants often settle their claims for much less than they are actually worth. Securing the maximum possible settlement is worth the wait.
• BE PERSISTENT. Do not allow settlement negotiations to come to a standstill. You must be persistent in moving your claim forward. While you should never rush the settlement process, be sure to respond to requests from the claims adjuster as quickly as possible. Be diligent about following up with the claims adjuster if necessary.

Disclaimer: Information provided on this site is NOT formal legal advice. It is generic legal information. Under no circumstances should the information on this site be relied upon when deciding the proper course of a legal action. Always get a formal case evaluation from a licensed attorney if you think you might have a personal injury lawsuit.

If you are involved in a collision or car accident in Vermont, you must be prepared to act responsibly and in accordance with State law. Following are some general guidelines and more specific requirements to follow in case of an accident.

First and Foremost

As a responsible driver, you must never leave the scene of an accident. Not only is it essential that you provide any necessary help immediately following an accident, but leaving an accident scene can result in having your driving privileges revoked or your license suspended.

After stopping your vehicle, you should pull up as close to the accident as safely possible, without obstructing traffic. Take a moment to assess the situation, and do not panic. Be aware of the traffic situation, and any other potential dangers, such as fire.

You should do your best to provide immediate assistance to other motorists, passengers or pedestrians that may have been injured in the accident. Take extra care when attempting to move an injured person; if possible, wait for an ambulance to arrive. Notify 911 to report any injuries and call for medical assistance. You should also inform the local Vermont police, sheriff or highway patrol, especially if the accident resulted in fatalities, injuries or property damage.

If you have been injured in a car accident, it is important to stay calm. If possible, ensure that you are out of danger and not blocking any oncoming traffic. Call or wait for help, and do not attempt to move if you are unable to do so.

Exchange Information

If you are involved in an accident in Vermont, you are required to provide certain information to the other parties involved. Likewise, fellow motorists, passengers or pedestrians involved in the accident must share similar information with you. Also, it is often wise to ask for the information of witnesses to the accident just in case you need to have them testify at a later date. The key information to exchange in the aftermath of an accident includes:

1. Name, address and contact details
2. Driver license number
3. License plate number of the vehicles involved
4. Auto insurance information for the motorists involved.

It may also be useful to take photographs at the scene of the accident.
If you hit an unattended vehicle, you must make an effort to find the owner or driver, and follow these same procedures. If you are unable to locate the owner of an unattended vehicle, you are required to leave a note indicating your name and contact information, and a brief description of the accident.

Reporting an Accident tothe Vermont DMV

In some situations, you must report an accident to the Vermont Department of Motor Vehicles. You are required to complete and submit a Report of a Motor Vehicle Crash within 3 days of an accident, if any of the following apply:

1. The accident caused injury or death.
2. The accident resulted in property damage amounting to $1,000 or more.
3. If you fail to report an accident to the Vermont DMV, you may have to pay a penalty of up to $175. In the event that another driver offers to pay for damages and asks you not to report an accident, you are still required to file the report in any of the situations outlined above.
4. Your report must include detailed and current information regarding your insurance coverage. The DMV will cross-check this information with the insurance company shown on the report. If you did not have liability insurance when the accident occurred, your driving privileges will be suspended. You will be required to file proof of future financial responsibility (SR-22) in order to have your driving privileges reinstated.

Make a copy of the accident report form for your personal records. You can deliver the original to your local Vermont DMV office or mail it directly to: Vermont Department of Motor Vehicles, 120 State Street, Montpelier, Vt 05603

Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation.

https://www.burlingtonfreepress.com/story/news/local/2018/04/16/former-vermont-state-police-trooper-pay-550-k-civil-rights-lawsuit/521411002/

A Chittenden County woman will receive $550,000 as part of a settlement of a lawsuit against former Vermont State trooper Timothy Carlson. The woman says the trooper unlawfully arrested and detained her in a 2010 traffic stop.

Fata Sakoc filed the lawsuit against the now-former state trooper in 2011. Parties reached a settlement and agreed to dismiss the case on Monday several weeks before a jury trial was scheduled to begin.

“There was just never any basis for any criminal charge, and there was never any basis to even arrest her,” said one of her lawyers, Brooks McArthur, on Monday. McArthur and David Williams represented Sakoc in the case.

McArthur said he believes this settlement is the largest in a federal civil rights “false arrest case” in Vermont history.

Sakoc, who is originally from Bosnia, was never criminally charged after the traffic stop, but the stop “had a significant impact on her employment and mental state,” McArthur said. Specifically, McArthur said Sakoc was no longer able to work as a licensed nursing assistant because the arrest triggered post-traumatic stress disorder stemming from her experiences in Bosnia.

“It’s taken a long time for her to get back to a place where she can trust law enforcement,” McArthur said. He added that she has not worked as a nursing assistant since the incident.

Assistant Attorney General David McLean said the state and its insurance company will pay the $550,000. McLean said that Carlson is not admitting any wrongdoing by settling. McLean was one of two attorneys from the Attorney General’s Office representing Carlson.

“We believe that Trooper Carlson behaved appropriately throughout the stop, he was very respectful to Ms. Sakoc,” McLean said. “He was attempting to fulfill his duty to protect public safety.”

McLean said the settlement amount was determined, in large part, by the state’s insurance carrier “who wanted to resolve the risk of moving forward with litigation.”

“It’s a case that involved a unique set of facts and a unique victim,” McLean said. “Were it not for the specifics of this case, I don’t think that we would have settled the case for this amount.”

Court papers show that Carlson’s last day at the Vermont State Police was April 28, 2013. Vermont State Police records show he resigned. He joined the U.S. Army when he left the police agency, according to court records.

According to a judge’s order in the case, Carlson stopped Sakoc’s vehicle while she was driving on Vermont 15 in Essex on her way home from a shift at The Converse Home, a residential care facility in Burlington. She had a headlight out on her car.

The opinion states that Carlson began questioning Sakoc and he believed her responses to be delayed. He asked Sakoc to get out of the car, and he asked her to go through field sobriety tests. The order states that Carlson then asked Sakoc to undergo a breath test used to detect alcohol.

Sakoc, a Muslim woman, told Carlson that she never drinks alcohol and that she needed to go because she had a baby at home, the opinion states. Sakoc eventually consented to take the test, which resulted in a 0.00 percent blood alcohol content. Carlson then requested a drug recognition expert come to the scene, noting that Sakoc “bombed that field sobriety.”

An unidentified officer on the scene asked if there was any “bad operation.” Carlson responded, “No, a headlight out.”

South Burlington police Officer Matt Plunkett, a drug recognition expert, then responded to the scene. Carlson told Plunkett that Sakoc engaged in erratic operation and cut in front of another car, nearly causing a crash, the judge’s opinion said.

Carlson asked Sakoc if she was on any medications, and Sakoc said she had not used any medications that evening, the opinion states. Sakoc was then placed under arrest on suspicion of driving under the influence of drugs.

Carlson brought Sakoc to the University of Vermont Medical Center to obtain a sample of her blood. She was released around 3:30 a.m., the opinion states. The blood analysis came back clear of any drugs.

In May 2015, Judge Christina Reiss ruled in favor of Carlson and dismissed the case. The Second Circuit Court of Appeals overturned that ruling and sent the case back to the federal district court. The Second Circuit’s decision states that Sakoc presented evidence that this was Carlson’s first DUI arrest and “he was motivated to arrest her so as to satisfy the completion of his field training.”

McArthur said Sakoc is pleased with the settlement as it will allow her the freedom to continue to work on overcoming her post-traumatic stress disorder triggered by the stop and to spend time with her family.

“It was a really complex case with a lot of significant legal issues, and both sides worked hard throughout the process,” McArthur said. “We reached a settlement that we’re satisfied with.”

Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation.