You can expect that, the first time you speak with the insurance company’s claims representative about settlement, there will be some kind of excuse for why a settlement offer cannot be made at that time. That is standard operating procedure. It does no good to get frustrated or angry. If the explanation is reasonable, handle it professionally and courteously. You will know if you are being strung along if you are confronted with a series of lame excuses. If that happens, proceed directly to the next chapter of this book because it is time to file suit.
You want the claims representative to respect you. During your discussions with the claims representative, you must be professional and courteous, yet forceful and assertive (not hostile). You must be very clear in your resolve to take this case all the way to trial. You must also be ready to address any questions or concerns about your case that the claims representative may have.
If you are able to negotiate professionally, courteously, and assertively while effectively addressing all these questions and concerns, you are probably well on your way to settling your case for a relatively fair amount of money.
If you make an enemy of the claims representative holding the purse strings to your settlement, you will deeply regret it. Claims people do not settle with plaintiffs or plaintiffs’ lawyers they dislike. They have the power to make your life miserable. Do not tempt them to do this.
