No law on the books requires the claimant to speak with the other driver’s insurance company, as per personal injury lawyer in Port Hope.
The claimant’s obligations
Share facts about the reported accident with his/her own insurance company.
Expect to get a call from the adjuster at the other driver’s insurance company. Claimants should understand how to respond to such a call.
—Details that were shared with their own insurance should go unmentioned, during the phone conversation with the adjuster
—A claimant should never discuss a settlement offer during such a call
—The adjuster might ask for a recorded statement; the person that has received such a request should refuse to provide that sort of statement.
—Claimants that have an attorney should ask the adjuster to contact that same attorney. Those that do not have an attorney should respond to the adjuster’s request by indicating that the desired information could be obtained by contacting the respective claimant’s insurance company.
—If asked for information on his/her injuries, the claimant should only say that there was a visit to a hospital, clinic of doctor’s office, and that there would be more information in a demand letter.
Cooperate with their own insurance company, not an adjuster that works for the other driver’s insurance company
Claimants that have promised a demand letter should know what facts ought to be in such a letter.
—The date and location of the reported accident
—The time of day for the accident’s occurrence
—The name of the driver and the name of the company that had insured that same driver.
—The name of the policyholder, the individual that has been pointed to as the person at-fault
—The nature and extent of the reported injuries, and the treatment that had been received for those same injuries.
—The name of the professional that was providing the treatment
—The amount of money demanded, as compensation.
A smart claimant also studies his/her losses and expenses, and then arrives at the minimal acceptable compensation. That figure could provide guidance, during the future negotiations.
That same figure should stay in the claimant’s mind. It should not be shared with any insurance company. It could be shared with a personal attorney.
When claimants’ minds contain a number that represents the minimal acceptable offer, each of them should find it easier to consider how reasonable any bid from an adjuster might be. By the same token, the adjuster’s bids should indicate whether or not the number in the claimant’s mind ought to be raised or lowered.
A personal injury attorney could help a client that felt it wise to increase or decrease the size of the minimal acceptable offer, which had emerged from thoughtful consideration.