10. Settling the Claim - Negotiation Flashcards

1
Q

Responding to the claim: Accept and Pay

A
  • claimant has proven damages
  • adjuster determines settlement amount based on investigation
  • If amount is close to claimant’s offer, adjuster comes to agreement with claimant and issues settlement check

*** small differences should be settled in favor of the claimant

*** adjuster can settle directly with claimants and write checks for the insurer, without Draft Authority adjuster must submit settlement for approval

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2
Q

Responding to the claim: Reject and Deny

A

some reasons why an adjuster may deny a claim:

  • the damages aren’t covered
  • the claim is fraudulent
  • the claimant can’t prove damages
  • the loss occurred outside the policy period
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3
Q

Responding to the claim: Negotiate with the Claimant

A
  • damage is covered
  • claimant is asking for more than insurer is willing to pay
  • adjuster must negotiate to find an amount that will settle the claim
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4
Q

Responding to the claim: is negotiation possible?

A

Adjusters must know the exact amount they the insurer is willing to pay to settle prior to investing time in the negotiations process

no negotiations:

  • when dollar amount difference is too small
  • when dollar amount difference is too great
  • for punitive damages

( if no negotiations are possible then proceed to dispute resolution )

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5
Q

Responding to the claim: Dispute Resolution

A

Adjuster/Claimant Negotiation

  • Only works when both parties are motivated to settle
  • Easiest, lowest-cost negotiation option

Alternative Dispute Resolution Methods

  • Arbitration
  • Mediation
  • Appraisal
  • Declaratory Judgement
  • Litigation (letting the claim go to court) (least common)
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6
Q

Last Resort for responding to a claim? Litigation

A
  • can be expensive and unpredictable

- adjuster’s primary motivation: settle claim promptly and efficiently without litigation.

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7
Q

Dispute Resolution: Arbitration

A

Opposing party agrees to a decision from a neutral third party.

  • Arbitrator is a neutral third party
  • Arbitrator’s decision is legally binding
  • Costs less to taxpayers than a court of law
  • Less formal atmosphere allows more evidence
  • Arbitrators often have more expertise than juries
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8
Q

Dispute Resolution: Mediation

A

Similar to a third party, however the third parties decision is not binding. Mediator plays an advisory role.

  • Mediator is a neutral third party
  • Mediator only advises on the negotiation
  • Mediator’s decision is not legally binding
  • Settlement is only legally binding if both parties agree to it
  • Either party may “walk away” (impasse)

Consequences for failure to appear at mediation:

  • severe for the insurer: contempt of court and/or penalties
  • mild for plaintiff: no penalty or minor penalty
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9
Q

Dispute Resolution: Appraisal

A
  • a definite disagreement must exist prior to appraisal
  • each side chooses an appraiser
  • both appraisers agree on an umpire
  • agreement by any two of the three is binding
  • appraisal only decides settlement amount, not whether coverage exists in the first place
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10
Q

Dispute Resolution: Declaratory Judgement Action

A
  • court declares the legal rights of both parties
  • court does NOT decide how to resolve the case
  • disputing parties then use the court’s decision to come to settlement
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11
Q

Dispute Resolution: Litigation

A
  • last resort method of claim resolution
  • taking a claim to court can be:
    • expensive
    • unpredictable
    • possible even after binding negotiations
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12
Q

Settlement

A

When two parties in a dispute reach an agreement

  • the insure and the claimant agree on:
    • how much will be paid
    • terms & conditions of payment
  • when a settlement is reached, the claimant:
    • gives up her right to seek any further
      damages
    • gives up the right to sue
    • ( as long as the insurer follows the terms of the settlement )
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13
Q

Settlement Options: Full Release Settlement

A
  • also called “full release of all claims and settlement agreement
  • all damages paid at once
  • most common settlement option
  • insurer pays immediate, single “lump sum” to claimant
  • claimant signs Full Release Form that releases the insurer from additional claims
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14
Q

Settlement Options: Scheduled Payment Release

A
  • also called “open-ended release” or “Rehabilitation Settlement”
  • insurer agrees to pay all compensatory damages (both special and general) up to the point of settlement
  • insurer also pays for certain future “incidentals” related to the claim
  • most commonly used in Workers Comp claims
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15
Q

Settlement Options: Payment of Property Damage; Bodily Injury Pending

A
  • involves claims that have property damage and bodily injury
  • insurer indemnifies all property damages while it awaits the proper indemnification for bodily injury
  • ( claimant must be in condition in which he can understand this settlement option )
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16
Q

Settlement Options: Advance Payment Settlement

A
  • used when the claimant’s damages are mostly bodily injury and the claimant is unable to work
  • involves a series of partial payments that will be subtracted when the final settlement amount is determined
  • decreases chances of lawsuit
17
Q

Settlement Options: No Release Settlement

A
  • also called “walk-away” settlement
  • insurer pays the bills submitted by the claimant
  • signing and cashing a check substitutes for the release form
18
Q

Settlement Options: Structured Settlement

A
  • series of smaller payments over time
  • reserved for largest claims
  • insurer often must pay a portion up front
19
Q

Negotiation

A

A process by which two opposing parties attempt to merge their respective interests in order to yield a balanced and beneficial outcome for both parties

20
Q

Liability claims vs. Property damage claims

A

Liability damage claims

  • harder to assign dollar amounts
  • factor in issues like mental duress and comparative negligence

Property damage claims
- cost to repair or replace is simple and straightforward

21
Q

Negotiation: The Preliminaries

A

Before negotiations begin, an adjuster must determine:

  1. Is there coverage?
    * peril is covered
    * policy is active, etc.
  2. What is the insured’s liability? (liability claims only)
  3. What are the damages?
    * special damages
    * general damages

(NO NEGOTIATING PUNITIVE DAMAGES)

22
Q

Prior to negotiations, the adjuster must:

A
  • complete investigation
  • complete estimate
  • know the circumstances
  • be clear about objectives
  • understand possible obstacles
23
Q

Negotiation Tips: Minor Details

A

Solving simple, trivial matters can get negotiations unstuck

  • saying “I’m sorry” for a clerical error or a frustrating misunderstanding
  • pinpoint and rectify minor issues with the claimant right off the bat
24
Q

Negotiation Tips: The “Give and Take”

A
  • approach negotiations with an open mind
  • impossible to prevail on every point
  • conceding some points increases likelihood of opposing party conceding points
  • inflexible prevents negotiation and causes frustration
25
Negotiation Tips: Develop Trust
Trustful Claimant + Trustful Adjuster = Better Negotiations
26
Negotiation Tips: Create a good first impression
- professional appearance - respectful attitude - neatly groomed - good hygiene
27
Negotiation Tips: Attitude
Have a positive attitude - humble and understanding - willing to listen - open to new facts - take claimant’s perspective ( an arrogant or “win-at-all-costs” attitude can torpedo negotiations )
28
Negotiation Tips: Comments
Keep comments polite - keep criticisms out of the discussion - maintain professionals speech, even if claimant is unprofessional - don’t make claimant angry ( rude sarcastic remarks, especially when they do not pertain to the claim itself, are a waste of time )
29
Negotiation Tips: Respect
Show Respect: - look claimant in the eye - shake hands warmly - don’t interrupt or correct - listen and seek to understand - don’t assume you know what the claimant wants
30
Negotiation Tips: Reputation
Develop a good reputation - a trustworthy reputation make negotiation easier - an untrustworthy reputation will undermine negotiation
31
Negotiating Techniques: Humor
Use humor properly - lighthearted humor can defuse tense negotiations - must be used appropriately - consider the feelings of all present
32
Negotiation Techniques: Questions
Ask the right questions - questions helpful for negotiation: * detailed * thoughtful * sincere - questions harmful to negotiation * patronizing * trivial * argumentative * questioning claimants ethics or intentions
33
Negotiation Techniques: Demonstration
Demonstrate contradicting evidence this can include: * video footage * previous statements * witness testimony * contractor estimates * show dem bitches you ain’t fuckin’ around
34
Negotiation Techniques: Pleasant Surprise
Conceding a point favorable to the claimant builds trust and goodwill
35
Negotiation Techniques: Diversion
When negotiations are going nowhere - end the meeting or divert to another area of negotiations to defuse high emotions - re-initiate negotiations at an appropriate time
36
Negotiation Techniques: Silence
- people often talk simply to fill the silence | - discomfort may lead to inadvertent disclosures
37
Negotiation Techniques: Backup Offer
Have a backup offer ready - gives the claimant the sense that they have options and choices - helps the adjuster be flexible while staying within the insurer’s limits
38
Negotiation Techniques: Flexibility
Be flexible, be willing to make minor changes within the insurer’s parameters - strengthen the adjuster’s position - shows the claimant that the adjuster is accommodating - adjuster should be very sure of the insurer’s “stop-marks”