Appealing an Auto Insurance Settlement Offer

An auto insurance settlement is rarely ever a final offer, even if it claims to be just that. Rather, settlement offers are an invitation to negotiate. Prior to filing a court case, thee negotiations take the form of an appeal. Below is a explanation of the appeals process.

Respond In Writing

Any contact you have with an insurance company, regardless of whether yours or the other party’s, should be in writing. Letters should be signed, dated and sent with a return receipt to ensure that it arrived at the company. If you have legal representation, your attorney will write the letter on your behalf and most likely send you a copy.

Recap the Offer

The appeal letter should also refer to the date and amount of the company’s settlement offer. You might also want to restate the facts of the case, however, do not add more facts or reveal more information that the company already possesses, as this might be turned against you in subsequent offers or negotiations.

Make Your Arguments

The most important part of an appeal of a settlement offer is to explain that you are rejecting the offer and the reasons for doing so. This is the section where you will list your expenses, including medical costs, property damage and any anticipated future expenses. If you feel the need, you can describe how the offer does not meet your needs and the amount of money that will. You should clearly argue that the insurance company has underestimated the amount of compensation you need to make yourself whole again.

At this point, you will need to decide whether you want to ask for a specific amount of money. This amount of money should be comprised of any calculable damages up to the point of your letter as well as payment for your pain and suffering and lost wages. Your attorney should be able to assist you with an estimate for the amount of money you should request.

If You Request a Specific Amount

Requesting a specific amount of money can turn your appeal into a negotiation. Providing the insurance company with a specific amount of money sets a starting point for negotiations. Once set, it is very difficult to move very far from this number or demand a higher amount. Therefore, you and your attorney should seriously consider whether asking for a specific number is in the best tactic for your case.

Getting Legal Help

While it is possible to appeal an insurance company’s settlement offer, doing so can have serious effects on your case. If you have been injured, seek legal representation to assist you in your appeal or negotiations.