There are quite a lot of different things that you would have to keep in mind when it comes to negotiating a settlement in a personal injury case. Unfortunately, the insurance company is not always going to play by the book and that’s something you’d have to be prepared for.
What happens if the insurance company doesn’t negotiate in good faith? Is there something that you can do? There are key phrases which are used in the industry and they can sometimes make the adjusters sit up and take an actual notice. When you are negotiating your settlement, bad faith is one of those phrases. The key thing to account for here is that your insurance has been paid for. Therefore, your insurance company should have nothing else to do but to pay for it and provide you with the protection that you need at this given moment. This is what you would expect when it comes to bad faith.
However, that’s not always the case. There are things that you should be aware of. For example, your adjuster might be negotiating in bad faith. This is the case when the company, through the adjuster who is handling your case, has reached out to some outright practices. Some of these include witness tampering, withholding evidence on purpose or anything else of the kind.
If you believe that this is the case and you and the company have a difference in terms of opinions, you ought to act on it. Bad faith may exist what you need to do is to emphasis on it throughout the negotiations process. Mention the term, don’t be afraid to use it – this is something quite important when it comes to it. A written accusation of bad faith would get a lot of quick attention and, if it is justified, it could quickly provide the settlement position of the adjuster and the insurance company. If the company is proved to have acted and negotiated in bad faith, this could impute liabilities beyond comprehension. What is more, the reputation of the company itself will be undermined and, when it comes to the insurance business, this is something that you just can’t have.
Insurance companies should by synonymous with protection and care and that’s why a case of the kind might substantially deteriorate the entire corporation. That’s why you should be worried or challenged when using the term, should you have merit for it, of course. Keep in mind that if you are just doing that in your own bad faith, this might backfire and cause a lot more damages than you think. This is subtle consideration and it needs to be used very carefully. That is why you need to have a good injury lawyer to represent your rights.