Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

Role Of Different Parties In Car Accident Negotiation

15 June 2018 by Kenneth Graham

A typical car accident claim is solved outside the courtroom via negotiation involving several parties. If you have been involved in a car accident, it pays to understand the roles of all these different parties. Here are four such parties and their roles in typical car accidents:

The Claimant

As the accident victim, you probably stand to lose the most if the negotiation doesn't go your way and you don't get the settlement you deserve. Therefore, you should do everything in your power to ensure the negotiation yields the best outcome for you. Here are some of the specific roles you need to play:

• Preserving evidence
• Producing required documents, such as medical records, when needed
• Being brutally honest with your attorney
• Testifying when needed
• Responding to queries from the other parties

The Insurance Adjuster

The insurance adjuster, who works or is contracted by the insurance company handling the claim, is there to ensure that the insurance company pays the least possible settlement (or nothing at all, if possible). The adjuster does this by:

• Collecting the relevant facts (such as details damages and injuries) from you
• Confirming that you have coverage
• Submitting settlement offers or counteroffers from the insurance company
• Justifying or trying to justify the insurer's offer

The Claimant's Attorney

You don't need a car accident attorney to pursue a car accident claim, but it is extremely helpful to have one. If you have an attorney, then they will be dealing with the insurance company on your behalf. Specifically, here are some of the roles your attorney will play:

• Investigating the accident
• Determining how much your injury and damages are worth
• Negotiating with the insurance company
• Challenging false claims the insurance company might make
• Advising you on whether an offer is fair or not

The Defendant's/Insurer's Attorney

In some cases, you may deal with the insurance company's attorney instead of their insurance adjuster. This may be the case if the company doesn't have a claims adjuster in your area, the defendant is a self-insured corporation, or the defendant is a government entity. In this case, the attorney will be doing exactly the same things an adjuster would have done; the only difference is that the attorney may be more skilled at negotiating or bluffing during the negotiations.

Of course, you have the right to file an accident claim if the negotiations don't bear any fruit. It may also be a good idea to consult a car accident lawyer early in the case if there are complications or if the amounts involved are large. Contact a law firm like Bradfield Injury Law Firm, PC for more information.

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