This is my last of a series of five columns on negotiating tactics used by insurance adjusters for personal injury claims, my hope is that the lucky majority of you never have to face this situation.
But I hope these columns can provide a protective awareness against manipulative tactics in whatever type of negotiation you might encounter.
At some point in any negotiation, if you push hard enough, you will come up against the portrayal of a brick wall.
I say 鈥減ortrayal鈥 because it is impossible to know whether or not you have, in fact, come up against the 鈥渂ottom line.鈥
There are various ways to portray, or signal, a bottom line. On the softer side, you might encounter: 鈥淭hat鈥檚 my best price,鈥 or 鈥淚 can go as high (or low) as鈥︹
As you push against that portrayal, the signal might become stronger: 鈥淚鈥檝e gone to bat for you with my manager, and that鈥檚 the very best I can do for you,鈥 or 鈥淚 can鈥檛 go any lower or I will be selling below cost.鈥
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: 鈥淭ake it or leave it, that鈥檚 the most the insurance company will pay.鈥
No matter how strong the signal, though, you still can鈥檛 be sure if you have really, truly, reached the other party鈥檚 bottom line. The best negotiators are the best actors; best able to convince you that they have reached their bottom line when they really haven鈥檛.
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 鈥渟ignal鈥 means an end to the negotiation?
My father tells the story of getting the best deal he鈥檚 ever gotten 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 chase 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, of bluff, to get to your own 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鈥斺渢ake it or leave it.鈥
They often throw in some threats such as, 鈥淚f you don鈥檛 accept this amount now, the offer will go down,鈥 or lie to you by saying, 鈥淓ither you accept this from me or you will have to go to trial.鈥
In the 20 years I have been in legal practice, the insurance company鈥檚 offer has always, every 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 the invitation of picking up the negotiation wherever it had left off.
I know that many, many injured victims don鈥檛 call the insurance company鈥檚 bluff and instead settle for inadequate, unfairly low levels of compensation for their losses. It鈥檚 a very effective negotiation tactic.
So how do you protect yourself from this tactic?
Start by getting 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 about 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.