1) What is the insurance company's claims process:

• Many injury claims are a result of vehicle accidents. If you or someone you know has been in a auto accident, the insurance company has a process in place in handling all personal injury claims. Find out what the process is, keep a journal of everyone you talk to with the date, time, name and subject of the conversation. Ask a lot of questions and don;t feel intimidated if the processors and adjusters use "legaleze".
• When filing a claim, request information on the claims process so you can follow the protocol established. If you later need the assistance of a lawyer you can rest assured that you followed all of the rules and guidelines.

2) Be patient when dealing with adjusters and insurance personnel:

• It may take several days or weeks for the adjuster to review the information and perform an investigation. Always follow up with polite phone calls and Emails. Remember, they didn't cause the accident and they are the person standing between you and your money, (if due). Again, keep a journal of conversations and statements made by the adjuster. 

3) Negotiate for a fair amount, and don't swing for the fences:

• Claims adjusters usually don't have a lot of wiggle room, but if you can prove your damages exceed their offer you may be able to bump the settlement. If the average payout for your damage is $10,000 and you're demanding $100,000 without reason they're likely to leave the negotiating table. However, they have a boss to answer to and if they cannot settle, they know that you're likely to hire an attorney as the next step... they may increase the offer just to avoid costly litigation.

If negotiations breakdown or your claim is denied be prepared to bring in a bad faith insurance attorney or injury lawyer. However, keep in mind that an injury lawyer works on contingency and will charge a minimum of roughly one-third of the amount they "win" for you. So even if a lawyer gets you 20% more, you will end up losing almost twice that much as their fee. If you need to hire a lawyer, here is a lawyer checklist and resource guide.