Insurance companies are aware that filing a claim can take time and can be emotionally and financially draining for both the insurer and the claimant. To make the process less cumbersome, insurance companies have a provision for friendly settlement.
What is a Friendly Settlement?
Friendly settlement is a process in which an insurance company and its policyholder mutually agree to settle a claim without involving the court.
Instead of going through litigation, both the insurance company and its policyholder agree to an out-of-court settlement.
How does Friendly Settlement Work?
The friendly settlement process starts with the policyholder filing a claim with the insurance company. The insurer assigns an adjuster to evaluate the claim and determine the amount due.
After the evaluation, the insurance company offers the policyholder an amount for the settlement. The policyholder then has to decide whether to accept the offer or continue with the litigation process.
If the policyholder accepts the offer, the insurance company disburses the settlement amount to the policyholder, and the claim is considered resolved.
On the other hand, if the policyholder declines the offer, the matter is left to the courts to decide.
Benefits of Friendly Settlement
There are several benefits of a friendly settlement for insurance claimants:.
- The process is less time-consuming than litigation.
- The process is less expensive than litigation.
- The settlement amount is guaranteed as the policyholder agrees to the amount offered by the insurance company.
- The settlement avoids the adversarial nature of a court case.
Possible Disadvantages of a Friendly Settlement
While friendly settlement has several benefits, it also has some disadvantages:.
- The settlement amount may be lower than what the policyholder had expected.
- The policyholder may not have recourse if the settlement amount is not satisfactory.
- The policyholder may lose some rights to pursue further claims on the same issue.
- The settlement may be done in haste, and the policyholder may not fully understand the implications of the agreement.
The Role of Insurance Adjusters
The role of the insurance adjuster in the friendly settlement process is crucial. The adjuster is responsible for evaluating the claim and determining the amount of compensation due.
The adjuster must consider all the variables that may affect the claim, such as the policy coverage, the extent of the damage, and the policyholder’s liability.
The adjuster’s evaluation forms the basis of the offer that the insurance company will make. If the policyholder agrees to the offer, the adjuster will be responsible for disbursing the settlement amount.
How to Ensure a Fair Settlement
Insurance claimants need to ensure that they receive a fair settlement amount during the friendly settlement process. Here are a few tips to follow:.
- Do your research: Before accepting any offers, research to know the expected compensation for similar claims.
- Consult an attorney: Consult an attorney who understands insurance law to advise you on the process and whether the settlement amount offered is satisfactory.
- Document your claim: Keep track of all documents and communication regarding the claim process.
- Negotiate: Be open to negotiation to reach a better settlement agreement, but keep in mind that time is of the essence.
- Take your time: Take time to assess the offer, and do not rush to accept or decline it.
Conclusion
The friendly settlement process is an effective way to resolve insurance claims without involving the courts. Although it has its advantages and disadvantages, the process minimizes the time and costs that come with litigation.
Insurance claimants need to ensure that they conduct sufficient research and consulting professionals to ensure that they receive a fair settlement amount.