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ICBC negotiations pt 5

This is the final article of my series on tactics used by insurance adjusters in the negotiation of personal injury claims. 

The tactics that have been described are certainly not unique to personal injury claims. My hope is that the majority of you will never face this type of negotiation, but this information will give you a protective awareness against manipulative tactics in any kind of negotiation you face.

At some point in any negotiation, if you push hard enough you will come up against the portrayal of a brick wall. I say “portrayal” because it is impossible to know whether or not you have, in fact, come up against a brick wall bottom line.

There are various ways to portray, or signal, a bottom line. On the softer side, you might encounter, “That’s my best price” or “I can go as high (or low) as. . . .”

As you push against it, the signal might become stronger. “I’ve gone to bat for you with my manager, and that’s the very best I can do for you,” or “I can’t go any lower or I will be selling below cost.”

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, “Take it or leave it, that’s the most the insurance company will pay.”

No matter how strong the signal, you still can’t be sure if you have really, truly, reached the other party’s bottom line. The best negotiators are the best actors, and are best able to convince you that they have reached their bottom line when they really haven’t.

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 signal means an end to the negotiation?

My father tells the story of getting the best deal ever 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 run after 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, a bluff, to get to your 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, “take it or leave it”.  They often throw in some threats such as, “If you don’t accept this amount now, the offer will go down,” or lie to you by saying, “Either you accept this from me or you will have to go to trial.”

In the 20 years I have been in legal practice, the insurance company’s offer has always, every single 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 an invitation to pick up the negotiation wherever it had left off.

I know that many, many injured victims do not call the insurance company’s bluff, and end up settling for inadequate, unfairly low levels of compensation for their losses. It’s a very effective negotiation tactic.

How do you protect yourself from this tactic? Get 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 on 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.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.

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About the Author

Lawyer Paul Hergott began writing as a columnist in January 2007. 

Achieving Justice, based on Paul’s personal injury practice at the time, focused on injury claims and road safety.  It was published weekly for 13½ years until July 2020, when his busy legal practice no longer left time for writing.

Paul was able to pick up writing again in January 2024. After transitioning his practice to estate administration and management.

Paul’s intention is to write primarily about end of life and estate related matters, but he is very easily distracted by other topics.

You are encouraged to contact Paul directly at [email protected] with legal questions and issues you would like him to write about.



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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