This is my last of a series of five columns on negotiating tactics used by insurance adjusters for personal injury claims, my hope is that the lucky majority of you never have to face this situation.
But I hope these columns can provide a protective awareness against manipulative tactics in whatever type of negotiation you might encounter.
At some point in any negotiation, if you push hard enough, you will come up against the portrayal of a brick wall.
I say 含羞草研究社減ortrayal含羞草研究社� because it is impossible to know whether or not you have, in fact, come up against the 含羞草研究社渂ottom line.含羞草研究社�
There are various ways to portray, or signal, a bottom line. On the softer side, you might encounter: 含羞草研究社淭hat含羞草研究社檚 my best price,含羞草研究社� or 含羞草研究社淚 can go as high (or low) as含羞草研究社卟菅芯可鐫
As you push against that portrayal, the signal might become stronger: 含羞草研究社淚含羞草研究社檝e gone to bat for you with my manager, and that含羞草研究社檚 the very best I can do for you,含羞草研究社� or 含羞草研究社淚 can含羞草研究社檛 go any lower or I will be selling below cost.含羞草研究社�
As you continue to push, you will eventually reach the strongest of signals. In a retail context, the strongest signal is to actually walk away.
In a personal injury claim negotiation, you might hear: 含羞草研究社淭ake it or leave it, that含羞草研究社檚 the most the insurance company will pay.含羞草研究社�
No matter how strong the signal, though, you still can含羞草研究社檛 be sure if you have really, truly, reached the other party含羞草研究社檚 bottom line. The best negotiators are the best actors; best able to convince you that they have reached their bottom line when they really haven含羞草研究社檛.
But if you walk away, the negotiation is over, right? Why would someone pretend, in the strongest of terms, to be at their bottom line if the 含羞草研究社渟ignal含羞草研究社� means an end to the negotiation?
My father tells the story of getting the best deal he含羞草研究社檚 ever gotten on a vehicle purchase when the salesperson chased him down as he was walking off the lot.
How many of you have had a vendor in Mexico come out of the shop to chase you down the street to offer a better deal after being so very convincing about having given you the very best deal they could?
A purchaser walking away can always walk back. A vendor can always chase down the purchaser.
Even the strongest of signals might simply be a tactic, of bluff, to get to your own bottom line.
This is the most effective of tactics insurance adjusters use in the negotiation of a personal injury claim.
They tell you in the strongest of terms that the amount offered is the most you will ever be offered含羞草研究社敽卟菅芯可鐪take it or leave it.含羞草研究社�
They often throw in some threats such as, 含羞草研究社淚f you don含羞草研究社檛 accept this amount now, the offer will go down,含羞草研究社� or lie to you by saying, 含羞草研究社淓ither you accept this from me or you will have to go to trial.含羞草研究社�
In the 20 years I have been in legal practice, the insurance company含羞草研究社檚 offer has always, every time, increased after their bluff has been called and a lawyer retained.
With ICBC, the claim gets automatically transferred from one level of adjuster who deals with unrepresented claimants to a higher litigation level of adjuster.
I am often contacted by the new adjuster shortly after being retained with the invitation of picking up the negotiation wherever it had left off.
I know that many, many injured victims don含羞草研究社檛 call the insurance company含羞草研究社檚 bluff and instead settle for inadequate, unfairly low levels of compensation for their losses. It含羞草研究社檚 a very effective negotiation tactic.
So how do you protect yourself from this tactic?
Start by getting a free, independent evaluation to learn what level of compensation is fair for your injuries and losses.
At least, then, you can make an informed decision about whether to accept whatever bottom line is being offered to you by the insurance company or to take the negotiation to the next level with the assistance of a lawyer.
