If insurance companies were fair, I would be out of a job. But after more than 30 years representing injured people, I’m not too worried about that happening.

A recent client experience reminded me why I’m not worried about ChatGPT taking my job, either.

Before hiring me, this client tried to settle her Pennsylvania Car Accident Injury claim herself. She communicated directly with the insurance company, explained what she had been through, and tried to negotiate fair compensation.

The insurance company gave her a lowball offer.

Rather than give up, she turned to ChatGPT to help write a detailed demand letter explaining her claim and asking for more money.

She figured a better letter might get the insurance company to take her seriously.

The response? Another lowball offer.

A Better Letter Doesn’t Necessarily Mean a Better Offer

I understand why people try to handle injury claims themselves.

You know what happened. You know how badly you were hurt. You have medical bills, and perhaps you missed work. You may still be dealing with pain or struggling to do things you used to enjoy.

It seems reasonable to think that if you explain all of that and provide the records to back it up, the insurance company will offer fair compensation.

Unfortunately, that assumes the insurance company is looking at the claim the same way you are.

You’re thinking about getting back on your feet and being compensated for what you lost. The insurance company is thinking about how much it will have to pay.

Insurance companies make money collect premiums. They lose money paying claims. So, car insurance adjusters have a financial incentive to settle claims for as little as possible, and injured victims need to understand that before entering negotiations.

The adjuster may be pleasant, responsive, and sympathetic. But being nice on the telephone doesn’t make the settlement offer fair.

Why do Car Insurance Adjusters Low Ball Victims Who Deal with Them Directly Rather than Hiring a Lawyer?

A demand letter is part of presenting an injury claim. It should explain how the accident happened, why the other person was responsible, and what injuries and losses resulted.

ChatGPT may help someone organize that information and put it into a letter.

But suppose the insurance company reads the letter and still refuses to make a reasonable offer.

What can the victim do about it?  File a lawsuit? Try the case in Court?  Unlikely.

The insurance company knows that asking for money on the phone or by writing a letter is one thing and filing a Lawsuit and taking an injury case to Trial in front of a Jury is another.    

You need an experience Car Accident Lawyer to file a lawsuit, develop the evidence, and take a case to Trial.

Insurance adjusters often lowball victims who are not represented by lawyers because they hope and expect that the case will settle for less.

There’s More to an Injury Case Than Writing a Demand

When I handle a personal injury case, my work involves much more than telling an adjuster what my client wants.

I investigate what happened and gather the evidence to prove it. I review medical records, identify issues the defense will raise, and work to document how the injuries have affected my client’s life.

Preparing a strong case requires testimony from treating doctors and often other experts like Accident Reconstruction experts, Vocational experts and Economists. Litigating injury cases  requires questioning witnesses under oath or obtaining records the other side has not voluntarily provided.

If the insurance company refuses to offer fair compensation, I need to be prepared to present the case to a jury.

A letter can describe medical bills, lost income, and pain and suffering but proving those damages in a contested case takes additional work.

Hiring a lawyer does not guarantee a particular settlement or verdict. But having someone who can follow through when negotiations fail changes the situation.

Before You Accept an Offer

My client’s experience wasn’t a lesson about whether ChatGPT can write a good letter. It was a lesson about what happens when a good letter isn’t enough.

Before you accept an injury settlement, you should understand the extent of your injuries, what future treatment may be needed, and what losses the settlement is supposed to cover. You should also understand what rights you are giving up by signing a release.

If you’re getting nowhere with an insurance adjuster, the problem may not be how you’re explaining your claim.

You may need someone who can do something about it when the answer is still no.

ChatGPT can help write the demand letter. It can’t stand beside you in court.

That’s why I still have a job and probably always will.

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the law firm MacElree Harvey.  He has law offices in Kennett Square and West Chester Pennsylvania.  For over 30 years, Tim has been helping injured accident victims understand their legal rights and receive fair treatment from insurance companies. Tim can be contacted at trayne@macelree.com or 610-840-0124 or you can check out his website at www.TimRayneLaw.com.