EFFECTIVE NEGOTIATING TACTICS FOR SLIP AND FALL CASE (PART 1)

Making the adjuster agree to a reasonable amount of settlement is the most difficult part of negotiations. The claim adjuster will try various strategies to bring down the settlement amount, but when you employ effective negotiating tactics there are outstanding chances of acquiring a reasonable settlement. Here are few of these important tactics.

Do Not Make Final Demand

Giving an ultimatum to the adjuster is never an endearing negotiating tactic. Making anything sound like it is your final demand will only end the process of negotiations, and you will have to pursue your claim with a court trial. When an adjuster hears a final demand, he is confronted with two choices; either to pay what is demanded, or to send the file to the legal department of the insurance company. In almost all instances, the adjuster tends to send the file to the legal department when faced with an ultimatum.

Get the Incident Report

An incident report is the summary of the slip and fall accident that is usually made by the management or security personnel of the store. This report will usually include the date and time of the fall, and description of the events. Unless the person writing the report is trying to be dishonest, the reason for the fall will be mentioned in the report.

Usually, the store will be unwilling to give you a copy of this report, but eventually during negotiations, the adjuster will send you a copy of this report along with witness statement. In case you are injured in a smaller store that does not carry any liability insurance, you can directly ask the store management for compensation, and if they refuse, you can sue them in small claims or higher court, depending on the severity of your injuries.