Car accident injuries can rack up medical bills fast, but many injured drivers walk away with far less than they deserve. Insurance companies aim to protect their profits at all costs and have many tricks up their sleeve to devalue and even dismiss valid claims. If you’re not careful, it can happen to you.
Recognizing whether an offer is too low can increase your compensation by thousands of dollars. So can pushing back or bringing in a lawyer. If you’re handling a car accident insurance claim, the following are signs that your settlement offer is too low.
1. You received a fast offer
A quick offer from an insurance company is usually a lowball figure. Insurance companies want to pay out as little as possible as fast as possible so you won’t realize the true value of your claim. It takes time and effort to genuinely value a case according to a handful of factors:
- Police reports
- Witness statements
- Medical documentation
- Diagnoses
- Photos and videos
- Timelines
- Proof of damages (receipts, invoices)
Insurance adjusters who rush an offer are likely only trying to get your case settled fast to avoid paying fairly. You can try to negotiate with the adjuster, but they’ll know you’re inexperienced and uninformed and will continue sending you lowball offers. A lawyer can get you a better settlement, whether they negotiate with the insurance company directly or file a lawsuit.
2. Your injuries are being questioned
Insurance adjusters question injuries in order to pay less. The most common tactic they lead with is implying that your injuries are from a pre-existing condition. They don’t even need to know your medical history to start making this suggestion, and if you agree in any way – even implied – that can reduce or eliminate your compensation.
If you’re being questioned, take better photos of your injuries, get copies of your medical records that document your injuries, and ask your doctor for a written statement explaining that your injuries appear to be caused by the accident.
Never give an insurance adjuster your entire medical history. They might ask for it in an attempt to fish for evidence of pre-existing conditions. You’re not obligated to provide any medical documentation other than what’s related to your accident. If they insist on additional records, or if they tell you to get an exam from their doctor, call a lawyer.
3. Solid evidence is being ignored
Since the insurance company’s game is to avoid paying as much as possible, one tactic they use is to dismiss or ignore evidence of liability. If they can make the accident appear to be your fault, even in part under comparative negligence, they can give you a smaller payout.
For example, if your claim is worth $100,000, and the adjuster says you’re liable for 50% of the accident, your compensation will drop by 50% to just $50,000.
When filing your claim, provide evidence that proves the other party was negligent, and that negligence directly caused your injuries. Even if the adjuster ignores the evidence you provide, hang onto it because you’ll need it if you go to court.
4. You’re being pressured to accept an offer
The faster an insurance adjuster can get you to accept an offer, the less likely you are to consult a lawyer, and that’s exactly what they want. They don’t want to deal with lawyers who know what their clients’ cases are worth and are willing to fight to get it.
If an adjuster says you should accept their offer fast, you don’t have time to consult an attorney, or their current offer is as high as they’ll go, that’s a huge red flag. Look up your state’s statute of limitations for filing injury claims. For example, in Pennsylvania, you have two years to file. That’s more than enough time to consult an attorney and negotiate a better payout.
5. They won’t explain their calculations
You have the right to know how an insurance adjuster came up with their offer. While economic damages are easy to verify based on bills, emotional damages are more likely to be lowballed. If you can’t get a satisfactory answer regarding how pain and suffering damages were calculated, they’re probably lowballing you and you should consult an attorney right away.
Don’t accept a lowball offer
Most insurance adjusters start with low offers, but you’re not required to accept it. But even when you get them to negotiate, they’ll lowball every offer along the way, hoping you’ll get tired and just sign the papers. Instead of exhausting yourself fighting for pennies, contact an attorney to get the settlement you truly deserve.
