When Will the Settlement Negotiations Begin for My Accident Claim?

When you are injured in an accident that was not your fault, it is important to hire a personal injury lawyer to represent you in your claim because they have the knowledge and resources to ensure you recover a full settlement from the insurance company. One of the most crucial stages of the personal injury claim process is settlement negotiations. During this time, your legal team will go back and forth with the insurance company until they have reached a fair settlement. If no settlement is reached, then a jury will decide the case.  What many personal injury claimants are eager to know, however, is when their settlement negotiations will begin. As an accident victim, you might be wondering this, too.

Continue reading to find out what to expect surrounding your potential accident claim negotiations.

Personal Injury Attorneys 317-881-2700
Personal Injury Attorneys 317-881-2700

The Start of Settlement Negotiations

Normally, a demand letter is not sent to the defense until the injured person has completed their treatment or until the person has reached maximum medical improvement, meaning no further care will make the injured person better.  Of course, part of a demand includes providing all relevant medical records, medical bills and lost wage documentation, as well as possibly obtaining expert witness and physician reports in some cases.

Once the opposing party’s insurance adjuster receives the demand letter, written by your personal injury lawyer, the settlement negotiations can begin. Such negotiations will take place among you, the insurance adjuster, and your legal team, however, your lawyers will speak on your behalf. Although an insurance adjuster will usually call you within one to two weeks of receiving the demand letter, the first document you will likely receive after sending it is a Reservations of Rights letter.

Demand Letters and Reservations of Rights Letters

A Reservations of Rights letter is an official document sent by the insurance company to let you know they have received your demand letter and have decided to begin investigating the claim, but they reserve the right to not pay you anything if it turns out that the accident is not covered under the particular policy. See our blog, “The Difference Between a Reservations of Rights Letter and a Demand Letter” to learn more about these two important documents.

When Adjusters Do Not Respond

In some cases, insurance adjusters can take some time to get back to claimants. This is usually a result of being busy with other cases, or needing time to study the claim and review all the medical records. If they do not get back to you within 4 weeks of sending your demand letter, your lawyers to take action by contacting the claims department. If a specific date still cannot be set for the adjuster to respond to the demand letter, your lawyers might decide to go above their head and contact their supervisors.

How to Get Help With Your Indiana Accident Claim

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you.  We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out!  The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.

Indianapolis Personal Injury Lawyers 317-881-2700
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The Difference Between a Reservations of Rights Letter and a Demand Letter

After being hurt in an accident that was no fault of their own, an injured victim will likely make a claim against the at-fault party’s insurance carrier in order to collect compensation for their damages, including property damages. Upon doing so, the first document they will send to the insurance adjuster is called a demand letter. Likewise, the first document they might receive in return from the insurance provider is called a “reservations of rights” letter.

Continue reading to learn the difference between these two documents, and how to ensure your claim is on the right track to a successful outcome.

Personal Injury Law Firm 317-881-2700
Personal Injury Law Firm 317-881-2700

Demand Letters

Initial demand letters are for property damages.  Once an injured party has finished their medical care, a demand letter for personal injuries is sent.

After sustaining injuries associated with an auto accident that was the other driver’s fault, you may need to take charge fast in order to receive compensation for property damages, medical bills and emotional suffering.  One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier.  A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated. Hiring a professional personal injury attorney who will write this demand letter is strongly advised for anyone involved in a personal injury auto accident case. 

In the introduction of a demand letter, often times, stone-cold facts are the focus, rather than hear-say, opinions, and accusations.  Facts and evidence are necessary to a personal injury auto accident case and any other case for that matter.  Once the introduction segment of the letter is complete, the demand section follows.  In the demand segment of the letter, facts and injuries, supported by the evidence, are set forth as well as a demand amount.

Reservations of Rights Letter

Once a personal injury victim files a claim with or against an insurance company, the first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. When victims receive a Reservations of Rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents.

Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A Reservations of Rights letter simply conveys to the claimant that the insurance provider for the at-fault party “reserves the right” to not pay for anything if the accident is not covered under the at-fault person’s or entity’s insurance policy. It also informs the claimant that they are still going to investigate the case to assess liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy.

How to Learn More About Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your unique Indiana personal injury claim. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries in an accident that was not your fault. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!  We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
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What is a Reservations of Rights Letter?

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.