Question:

Negotiate settlement with own insurance co under uninsured driver policy?

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After being injured by an uninsured driver, the uninsured policy on my own insurance stepped in and paid for the medical treatment. Now they have made an offer for settlement that includes pain and suffering as well as loss of work, etc. It is a resonable offer, yet I believe a larger setttlement could be justified. My question is: Would it be prudent to negotiate in this fashion with ones' own insurance? Could there be reprocussions involing higher premiums? I look forward to all insightful responses.

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  1. Well, if it is a reasonable offer, accept it.  However, if you feel that your claim is worth more, then provide the adjuster with your supporting documentation and a counter demand.  That is what negotiations are about.  If the negotiations do reach an impasse, see if the adjuster will agree to binding arbitration.  The arbitrator is a third party and not affiliated with the insurance company.  What happens is, you both present your side of the claim, and the arbitrator will place a value on the claim.  The decision is final.  

    You do not need an attorney to do this, and your premium will not be adversely effected.


  2. If it's their first offer - they probably have room to move. Not a whole lot - but they have some wiggle.  No adjuster is going to make a first offer as a "take it or leave it".

    Now - our last offer will be made as a "take it or leave it" but no good adjuster is going to make an opening offer that way.

    It's OK to make a counter offer and see what they do with it.

    Don't get crazy with it-  for example: if they offered 5,000 don't counter at 60,000.   But if they offered 5,000 - you could counter 7000 or 7500 and probably end up in the 5500-6500 range.

    Now- some folks are going to tell you that you should get 3X the specials or some other stupid multiplier.

    Let me tell you right now- if it's a soft tissue injury (sprain/strain) there are very few areas that are going to pay 3x the specials. In my area - you are lucky if you get 2x the specials on a soft tissue claim. So don't fall victim to really poor advice telling you to take your medical bills and multiply by X.

    Also - adjusters get paid to settle claims. We are told to pay what a claim is worth. We are not supposed to give away the farm - but we are not there to cheat you. I don't get pats on the back for robbing people blind. Also - I'm a salary employee. What I pay on an injury claim has not bearing on my performance review or my raise. We get paid to pay claims.

    But if it's a reasonable offer -it's OK to take it. An opening offer is made with the intention that it is strong enough for you to accept and to feel that you have been treated fairly.

    As far as your premium goes - talk to your agent. He/She will know about that.

  3. The insurer will most likely go after the uninsured driver to recover.  Most policiies have med pay ( differs from state to state regarding requirements), which your own company pays, whether or not they recover from the driver at fault.

    I do not believe you should settle if a larger settlement could be justified. See a lawyer --the lawyer may want you to consult with a doctor to determine the extent of your injuries, pain and suffering. Since you have not provided details regarding the accident, fault, etc. it's hard to know. The whole purpose of being insured is to  protect you, not penalize you. However, if you have a history of accidents or if you were at fault even partially, it is possible they will raise your premium. Those things do happen, but not if this is your first accident, you were not at fault, and you were injured by a non-insured driver. Speak to a lawyer, who can give you counseling based on your particular circumstances. Off the top of my head though, I'd say you should not be penalized, since your policy was designed to protect you by providing uninsured motorist coverage.

  4. You should get what you think is fair.  If you think that you should get more than is being offered then tell your claims adjuster a specific amount and then be patient, it may take awhile to get what you are asking for.  (4 times the medical payment is usually the most they will pay, but it depends)  You also must remember that it is a claims representative's job to say no and they are judged by how little they pay out.

    I would definitely keep a lawyer out of this all they will do is eat away at any settlement that you get.  There should not be any increase in premium if this was not your fault.  Simply negotiating will not make the company decide to raise your premiums.  The only thing that the company should raise your premiums for are tickets and accidents that are your fault.  The company may check your driving record at this point and if they find anything they will adjust your premium accordingly.  

    After your company pays out to you, they will decide whether to go back to the person that hit you and collect.  You cannot sue the person that hit you after you settle with your company.  That is why you have uninsured/underinsured motorist coverage on your automobile policy.

  5. If it is a "reasonable offer," you should accept it.  If you want additional damages, sue the other driver.

  6. If your policy pays out under UM/UIM, they treat that like you are not their client. Just like if you hit someone else, and the would offer the other party a settlement.  You definitly do have the right to dispute it and even hire a lawyer.  Your company will not hold that against you.  UM/UIM is not chargable, or cannot add addtional premium to your policy.

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