The feeling is a horrible one -- a mixture of anger, frustration, and powerlessness. And, in a business in which unpredictability is a hallmark, its cause is entirely predictable: a lowball settlement offer that makes a lawyer wonder whether an insurance adjustor even read the demand.
But what if we didn't have to wonder? That question got us thinking...
We live in a world where technology delivers businesses the ability to tailor their advertisements to people standing within a 200-foot radius of their storefront; allows online retailers to identify what products we might be interested in based on our search histories; and provides advertisers with access to our social media feeds for products targeted based on search history. Even mom-and-pop web design companies now offer analytics packages that identify where viewers come from, what they do on a website, and where they go afterwards.
We might not agree with much of what Big Data has done with this technology. The genie is out of the bottle, however, and it can never be put back in. But it can be used for good. And it's difficult to imagine a better use than ensuring accountability for an industry in which insurance companies have the legal duty to their ensured to do their due diligence in evaluating and assessing a claim.
That's why we host all of our demand packages on custom websites. To avail ourselves of the same technology that Big Data uses to sell us -- technology that allows our clients to know exactly what an insurance adjustor viewed (and, perhaps more importantly, didn't view).
Not much can cure the disappointment of a lowball settlement offer. Which is why it is so important to maximize the likelihood of an exceptional settlement. Because our demand packages are created to be easily absorbed, engaging, and powerful, we generally succeed at helping get cases settled.
But, in the rare instances that we don't, our clients are left with a consolation prize for their lowball settlement offer: Clear data and analytics explaining exactly what the insurance adjustor neglected to view. And we know that while there is no total cure for "lowball disappointment," a demonstrable claim for bad faith isn't a bad alternative.