When it comes to personal injury claims and workers comp claims, there will be a lot of talk about insurance policies and insurance companies. This is because liable entities are covered by insurance companies, so injured parties have to file insurance claims to negotiate a settlement with the insurance company before getting the courts involved. However, if no settlement can be reached or if the insurance company acts in bad faith, then claimants can sue.
Although most property owners are covered by insurance companies, some property owners (usually large retailers) are self-insured, so they outsource their insurance claims to third party adjusters. Whatever the case, the process is the same and, ultimately, the issues are the same, too.
Travelers Group or Travelers Insurance is one of the largest insurance companies. So, if you were injured in a personal injury accident at a business or even at work, it is likely that your claim will be handled through Travelers. Even when a well-known insurance company is handling your case, things can be disappointing. For example, they might have offered you a very low settlement offer, and you might be wondering what to do.
Our law firm is often approached with some of the following questions:
- What are my rights if the insurance company offers me a settlement that is too low?
- Can I negotiate with the insurance company for a better settlement? How do I negotiate with the insurance company?
- Can I lawyer help me if Travelers made me a low settlement offer?
- Should I sue if we can’t reach a settlement?
The most important thing to understand is that you will not be stuck with a low settlement offer; you have options when it comes to recovering the damages that you deserve. The best way to deal with low settlement offers is getting appropriate legal representation. Contact our legal team as soon as possible. Our legal team is ready to provide you with the guidance that you need to really understand your rights in this situation and the legal options available to you. Our team is ready to guide you every step of the way.
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Travelers Offered Me a Low Settlement – What Can I Do?
First and foremost, do not panic. Do not call the insurance company while you are still upset at the low settlement offer. We understand the frustration that comes with such a low settlement offer, but we urge you to stay calm and think clearly. Although it could seem almost insulting to receive a low settlement offer – because it can seem like the insurance company or insurance adjuster is belittling your claim and the harm suffered – the truth is that they are just doing their jobs. Insurance companies/adjusters have a goal of saving themselves and their clients as much money as possible. Every time that they pay out a claim, they are losing money.
So, what can you do when you receive a settlement offer that is too low to even consider? The best thing that you can do is make a counteroffer and begin negotiating a settlement that is closer to the settlement that you demanded. Below, we will go over the process of making a counteroffer for a low settlement offer.
Can I Make a Counteroffer to Travelers?
Yes – you can certainly make a counteroffer. So, how do you do this? The most important thing is that you are no longer upset about the initial low settlement offer. You will need to draft a letter explaining why the settlement offer is unacceptable. You should always remain professional and polite. Your letter should include the following information:
- A statement clearly explaining that the offer is unacceptable
- References to inaccurate or false statements/information in the insurance adjuster’s settlement offer letter
- What you believe would be an acceptable settlement amount and why
- Evidence of the damages that you believe you are entitled to, like medical bills and lost income
Although claimants can certainly draft this letter on their own, we strongly encourage that you speak with a lawyer before you send this letter to the insurance company or adjuster. In fact, we also recommend that you have a lawyer draft this letter for you. The truth is that defending your right to a certain recovery is not easy – especially when going up against insurance companies or adjusters that are experts in denying claims or lowballing claims. In addition, things become significantly more complicated when you are also requesting non-economic damages, like pain and suffering or emotional distress.
The personal injury lawyers here at the Normandie Law Firm can help you every step of the way – from calculating the compensation that you should be awarded to gathering the evidence necessary to support your request for compensation. If you are looking for legal help after receiving a low settlement offer from Travelers, contact us today to speak with one of our trusted California personal injury attorneys.
When Do I Know It Is Time to File a Lawsuit?
After sending the demand letter, there will be a waiting period of anywhere from a few weeks to several weeks before getting a response from Travelers. Sure, there is a good chance that they will respond having increased the settlement offer; however, it could still be too low for the damages suffered. The truth is that there is no way to know how many times the offer and counteroffer process will take until all parties agree to a settlement. Here at our law firm, we have been able to resolve claims in under four months, although some claims can take a year or more to settle. In general, our team follows through with negotiations as long as it is obvious to use that the insurer is truly trying to compromise and reach a settlement.
In cases where the insurer refuses to budge and reach a settlement, then a lawsuit is necessary. In addition, the insurer might be practicing bad faith – like delaying their responses or outright not responding in order to delay the settlement process. In this case, then you would be able to file a lawsuit against the insurance company and the at-fault party/entity (whether it’s a property owner or retailer). It is important to consider the statute of limitations or deadline that applies, as personal injury claims are subject to a two-year deadline in the state of California with very few exceptions. Before deciding to file a lawsuit, the time left to sue must be evaluated.
Ultimately, the decision to stop negotiating with the insurance company and file a lawsuit is yours. For more information about the lawsuit process after negotiations have failed, contact us today.
Can I File a Complaint against Travelers?
As briefly mentioned above, insurance companies like Travelers can exercise bad faith when handling claims. Insurance companies have the duty to handle all claims fairly. Again, insurance companies and their clients lose money every time a claim is paid out, so they sometimes resort to bad faith to avoid paying out claims. Some examples of bad faith are listed below:
- The failure to investigate the claim
- The failure to provide information on the denial of the claim
- The failure to pay the claim based on their policies or the timeframe agreed upon with the client (not releasing the funds after a settlement has been reached)
- The failure to negotiate a settlement
If the insurance company handling your claim did anything listed above, then you could file a claim for bad faith. This is a separate claim than your personal injury claim. However, filing a lawsuit against the insurance company for bad faith should not be your first option. In fact, claimants can file complaints with the California Department of Insurance and often resolve the issue without having to file a lawsuit. For more information, contact the experts here at our law firm today.
What if my Lawyer is Pressuring me to Settle My Case?
If you already have a lawyer, you might be unhappy with the way that your case is being handled. For instance, there could be disagreements about whether or not the settlement is appropriate. That is, your lawyer might be urging you to take the settlement. Without a doubt, this can be a difficult situation as clients normally rely on their lawyer for their expert opinion. However, if you are disagreeing with your lawyer, you should seek a free second opinion with our team.
Our lawyers have many years of experience in personal injury claims and workers comp claims and are ready to evaluate your claim and determine whether the settlement offer received is fair or not. Our team can also address any other concerns that you may have about your current lawyer, including some of the following:
- My lawyer does not return my calls.
- My lawyer is disorganized or unprepared whenever I go into the office to discuss my claim.
- I don’t feel like my lawyer has the experience necessary to handle my claim.
- I disagree with the advice my lawyer is giving me, and this is not the first time there has been disagreements.
After speaking to one of our lawyers, you can decide whether you want to stay with your current lawyer or switch lawyers. If you choose to switch over to our legal team, our lawyers will take care of transferring your case over to ensure that the switch is as smooth as possible.
Contact Us Today
The information above applies to all claims, including workers compensation claims and workers compensation insurance payments, auto accident claims, slip and fall injury claims, dog bite claims, and injury claims, in general. Here at the Normandie Law Firm, our lawyers have decades of experience handling these types of claims and more. Our lawyers are leaders in the field both because of their legal expertise and because of their core values, which include treating clients with empathy, compassion, and respect. Here, clients are treated like family not case files or case numbers. Our team does everything necessary to get clients the compensation that they are owed for their physical, mental, and emotional injuries. In addition, our legal team is committed to getting our clients their settlements within a reasonable length of time.
We are committed to making the legal process as simple as possible to our clients. We offer a Zero-Fee guarantee, meaning that our legal services will be free for you. These include both free consultations and free second opinions. You will not be required to pay any upfront legal costs. In addition, we work on contingency; therefore, our clients will not be required to pay absolutely anything unless they win their claims.
If you are ready to take action against Travelers after receiving a low settlement offer for your accident claim, contact us immediately to speak with our lawyers. Our expert legal team is more than ready to help you with your claim.
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