Who should offer me a compensation? 56 Answers as of July 30, 2012

The company's insurance provider is trying to negotiate some terms and settlement with me. Should I talk to them or should I correspond with the company?

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Jeffre Crandall, Attorney at Law | Jeffre Crandall
Never Never NEVER accept your carrier's attorney to represent you in a claim against another carrier. Who does that attorney work for Your or his Employer carrier? Get independent counsel to represent yourself. First of all, your carrier will settle (s ubrogate meaning, they want their money from your recovery) for 65 cents on the dollar, meaning more money for you (there's a court case that if a lawyer is present representing you, you get a discount for the attorney's fee), and second of all whop's woprking for you? Your carrier or your own attorney? Get a lawyer and get the benefits of as much as you can.
Answer Applies to: Washington
Replied: 7/30/2012
NOLAN LAW LLC | Joshua J. Nolan
Typically, unless a company is self-insured, their insurance company will negotiate a settlement. So, you can generally communicate directly with the insurance company. However, if you are concerned that the insurance company is taking action without the company's knowledge or authority, make sure you "cc" the company on any correspondence you may have with their insurance company.
Answer Applies to: Ohio
Replied: 7/26/2012
Timiney Law Firm
Timiney Law Firm | Leigh Anne Timiney
If you have made an injury claim, you are eventually going to have to communicate with the insurance company and provide them documentation to prove your injuries. It would be best for you to consult with an attorney who specializes in personal injury before attempting to settle a claim on your own. Often times the injured party has legal obligations as well, which you might not be aware of. Most personal injury attorneys offer free consultations. You should make an appointment with one before accepting any settlement offers.
Answer Applies to: Arizona
Replied: 7/26/2012
Jeffrey Lessin
Jeffrey Lessin | Jeffrey Lessin
Since the insurance company appears to be paying for the settlement. However, before you settle your case, you should consult with a lawyer regarding the value of your case.
Answer Applies to: Pennsylvania
Replied: 7/26/2012
THE LOCKHART LAW FIRM | CLAYTON LOCKHART
If the company has insurance, then you will have to deal with the insurance carriers. However, I would caution you that if you're not experienced in dealing with insurance people then you should really consider hiring an attorney to negotiate on your behalf. The insurance agents are trying to get away with paying as little as possible and get you to sign off on it and they are under no obligation to tell you what your rights are or how much money you may be entitled to.
Answer Applies to: Mississippi
Replied: 7/26/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It sounds to me like you're already talking to the insurance company. Sometimes they sub out some claims handling. The deal with the contractor. But you may find that they'll just string you along.
    Answer Applies to: New York
    Replied: 7/26/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The company won't talk to you at all. They are insured and the insurance covers the loss. You will need to deal with them, or your attorney can.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    If you were injured on the job, then your employer's Workers Compensation insurer would pay your medical bills, pay you temporary total disability pay for time you are totally disabled from working because of the injury, and may offer you compensation for a degree of permanent partial disability one you have been deemed to be at maximum medical improvement. In most cases, you are dealing with a representative from the insurance company and not directly with the employer. Better yet, if this is a serious injury, you should be represented by an experienced Workers Compensation attorney.
    Answer Applies to: Missouri
    Replied: 7/26/2012
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Negotiation is typically handled by the insurance adjuster.
    Answer Applies to: Oregon
    Replied: 7/26/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    The answer to your questions depend on how you are using the term "company's insurance provider." That term could either mean an "agent" or "adjuster." Insurance agents only sell insurance, and, in some instances, report a claim to the insurance company. Insurance companies negotiate and settle claims through their adjusters. So, as long as you are negotiating with an adjuster, you are dealing with the correct individual. If not, you need to find out who the adjuster is and negotiate with him or her.
    Answer Applies to: Nebraska
    Replied: 7/26/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You deal with the insurance company.
    Answer Applies to: Iowa
    Replied: 7/26/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    YOU shouldn't talk to them at all, you should let an attorney do that. However, if you must, they are the ones with the money so you talk to the insurance company. Again, it's a big mistake for you to do so but, it's your choice. Good luck.
    Answer Applies to: New York
    Replied: 7/26/2012
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If the company has insurance coverage, the insurance carrier that is responsible for paying the claim will usually handle negotiations.
    Answer Applies to: North Carolina
    Replied: 7/26/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    The insurance company is represented. You better be too.
    Answer Applies to: Virginia
    Replied: 7/25/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    The insurance provider has the authority to resolve your claim for your company. Talk to the representatives with the insurance company.
    Answer Applies to: Utah
    Replied: 7/25/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If there is an insurance company, they step into the shoes of the insured when discussing settlement because they will be the party that will be providing the monies to settle same in accordance with the limits of their policy. Part of an insured's policy is a defense to all pertinent lawsuits and insure the company up to the terms of their policy. Before you negotiate with the insurance company I would contact an attorneys so that your rights are not violated and that you do not do damage to your case so that you can obtain the maximum settlement for your injury.
    Answer Applies to: New York
    Replied: 7/25/2012
    Nwokoye Law Firm
    Nwokoye Law Firm | Violet Nwokoye
    It is the job of the insurance company to negotiate and settle cases on behalf of their clients which in this case is the company
    Answer Applies to: Texas
    Replied: 7/25/2012
    Law Offices of Mark Hopkins | Mark Hopkins
    If a company has an insurance carrier that has accepted a claim against the company, you should deal exclusively with the insurance company, the insurance company usually has the sole right to control how much the case is settled for, within policy limits.
    Answer Applies to: California
    Replied: 7/25/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    The insurance company is representing the company. If you do not have an attorney you probably need one. The insurance may not be fair with you without an attorney.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    Often insurance companies handle negotiations for businesses when there is insurance coverage.
    Answer Applies to: Florida
    Replied: 7/25/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Typically, it is appropriate to speak with the company's insurer.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The insurance provided I would assume is an insurance adjuster who acts as an agent of the insurance company. You should talk to the adjuster.
    Answer Applies to: Rhode Island
    Replied: 7/25/2012
    Dunn & Sheldrick, PS | Arin Dunn
    If you don't understand the terms and conditions or basic issues such as who you should be talking to, you should probably get a lawyer that knows how to do this work. You could pay one hourly if you don't want to hire on a contingent fee basis. Good luck.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The insurance company almost always calls the shots, so you should deal with the insurance adjuster.
    Answer Applies to: Florida
    Replied: 7/25/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Typically, the insurance provider is the correct entity in which for you to correspond. If you are attempting to negotiate for your pain and suffering and your medical expenses, you should consult with an attorney first to make sure that you are not getting the run around or that they are not trying to take advantage of you. Good luck!
    Answer Applies to: Louisiana
    Replied: 7/25/2012
    Gates' Law, PLLC | Thomas E. Gates
    Neither, you contact an attorney to deal with the insurance company.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Howes & Anderson, P.C.
    Howes & Anderson, P.C. | Ronald Anderson
    It is typical for the insurance company representative to negotiate with you or your attorney regarding settlement of your claim.
    Answer Applies to: Iowa
    Replied: 7/25/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    The insurance company, unless the coverage is not sufficient to satisfy your claim.
    Answer Applies to: Virginia
    Replied: 7/24/2012
    Law Offices Charles Garganese, Jr. | Charles Graganese, Jr.
    You should probably discuss settlement with carrier.
    Answer Applies to: Rhode Island
    Replied: 7/24/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    Usually negotiating on your own leads to a smaller than there should be settlement.
    Answer Applies to: Massachusetts
    Replied: 7/24/2012
    Mike Yeksavich | Mike Yeksavich
    If no one has an attorney negotiating with the insurance company may result in you being able to settle.
    Answer Applies to: Oklahoma
    Replied: 7/24/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    You should consult with a lawyer so you will not be shorted. They will take advantage of you in ways you have no experience in recognizing.
    Answer Applies to: Illinois
    Replied: 7/24/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    For claims covered by insurance injured parties and their attorneys almost always deal with the at fault parties' insurance companies.
    Answer Applies to: South Carolina
    Replied: 7/24/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    If the person who hit you has insurance, you would deal with the insurance company (not the person who hit you). However, you should hire an attorney to make sure your rights are being protected. Statistically, persons with attorneys end up with more than without an attorney.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The old saying is: "He who acts as his own lawyer has a fool for a client". You have a right to represent yourself, just as I have a right to perform dentistry on myself, but that would be a really bad idea. Seriously, this is a tricky business and there is no room for do-it-yourselfers. You would be up against professional insurance people, lawyers who know what they're doing and rules upon rules upon rules that you don't know anything about. If you retain a lawyer you will be much more likely to get the right result.
    Answer Applies to: New York
    Replied: 7/24/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    If you have a serious injury, you need hire an attorney. Otherwise, call the adjustor and haggle.
    Answer Applies to: Montana
    Replied: 7/24/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    The company has paid for insurance coverage to take care of the situation (which you do not explain.) Talk to the insurance company if you must , however, I recommend discussing the particular facts with a lawyer in your area first, lest you do some harm to your claims through your probable inexperience in resolving such matters.
    Answer Applies to: Georgia
    Replied: 7/24/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You deal with the insurance company, not with the company. If you are dealing with them without having an attorney, the only question will be: "How badly are you going to get screwed?"
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Injured people should always consult a lawyer before settling with an insurance company. There are rules that must be followed and notices that must be given in order to protect a claimant's rights. There may be lien issues which need to be resolved and there may be claims that agree viable but extinguished if a settlement is made.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Victor Varga | Victor Varga
    As the insurance company holds the purse strings, you initially negotiate with them. If the negotiations fail, you can try negotiating with the company. If that fails, you have no choice but to file suit.
    Answer Applies to: Maryland
    Replied: 7/24/2012
    Kuhn Firm LLC
    Kuhn Firm LLC | Kevin J. Kuhn
    If you have a personal injury claim against the company, you should communicate with the company's insurer. The insurer will make the decision on whether to settle and for what amount. If you refuse to communicate with the insurer, you will not receive a settlement.
    Answer Applies to: Illinois
    Replied: 7/24/2012
    Alvin Lundgren | Alvin Lundgren
    The insurance company will make the payment and negotiate the terms. Understand that the insurance company will only pay you as LITTLE as they think they can get away with.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    The insurance company represents the company's interest so you can deal with them just as you would with the company.
    Answer Applies to: Texas
    Replied: 7/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    If your injuries are significant, you should probably retain an attorney to work on your claim.
    Answer Applies to: Washington
    Replied: 7/24/2012
    Tuttle and Associates | Jeffrey Brook Tuttle
    You negotiate with the claims adjuster. He or she is an employee of the insurance carrier.
    Answer Applies to: Washington
    Replied: 7/24/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    The company's insurance provider is the one who'll pay out. Why would you negotiate with a non-paying party? The insurance company will try to "lowball" your claim . . . you need the threat of a lawsuit to improve your chances of more money. Retain an attorney . . . they'll know how to deal with the insurance company.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Gingo & Orth | George Gingo
    Talk to the insurance company.
    Answer Applies to: Florida
    Replied: 7/24/2012
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