Negotiation & litigation Flashcards
prior to negotiations
adjuster must know max amount insurer is willing to pay
negotiation tips
minor details, give and take, trust, first impression, professional attitude, respect, listen, develop a good reputation
common negotiation techniques
humor, questions, demonstration, pleasant surprise, diversion, silence, have a back up offer ready, flexibility
offers in court
any prior offers before court will not be allowed anymore
should claim go to court
how much money your willing to lose and how will it affect the reputation of the insurer
discoverable
the claim file is discoverable in court both sprites can use it
criminal vs. civil court
criminal is against state civil is 2 parties against another
criminal trial burden of proof
12/12 jurors guilt proved beyond a reasonable doubt
civil trial burden of proof
preponderance of evidence - 51% supports plaintiff than defendant
jury responsibilities in civil trial
determine parties type of negligence and amount of damages