“You miss 100% of the shots you don’t take.”
When I don’t think my offer will settle the claim, I always remember that saying.
Take the shot. Make the offer.
If it is an auto case with a comp neg split, your offer effectively puts the claimant carrier on notice of your position: You’re not paying 100%. This really speeds the subrogation process because the other side is far less likely to ‘Just Say No’ when it is reported to them as having shared responsibility.
If it is a represented claimant, the attorneys have the duty to take the offer to their client. You never know people’s motivations. It has happened more times than I an count that the client overruled the attorney and took the money. Take the shot.
If it is a convoluted commercial question, your offer stakes your ground on where your coverage and liability applies.
Once I made a really low offer on a suspicious BI claim where there was clearly an accident – but not as clear was if the claimant was in the car at the time. Their immediate acceptance was proof enough for SIU involvement leading to two arrets.
Other good things happen when you put your position out there:
Challenges can fine tune your argument;
Adversaries are forced to respond; and
The first offer generally results in a stronger position to dictate the terms.
So, even if you are pretty darn sure the claimant won’t take it – make the offer.
You miss 100% of the shots you don’t take.
Mark’s Claims can be denied! Got a better way? Let us know!
Why would you NOT make an offer?