How Auto Injury Attorneys Deal With Lowball Insurance Settlement Offers
After a car accident, the insurance company may make an early settlement offer that sounds appealing, especially when medical bills are growing and you are missing work. However, experienced auto injury attorneys know that an initial offer may not reflect the full value of the claim.
Insurance companies evaluate claims with their own financial interests in mind. A low offer may ignore future medical treatment, lost income, ongoing pain, or the possibility of permanent limitations. An attorney can review the evidence, calculate the losses, and negotiate for compensation that reflects the actual effect of the accident.
Attorneys Review the Offer Before Recommending a Response
A settlement offer should not be evaluated by the dollar amount alone.
Before advising a client, an attorney may review:
• How the accident happened
• The strength of the liability evidence
• Medical records and bills
• The injuries diagnosed
• Current and future treatment
• Lost income
• Available insurance coverage
• The effect of the injuries on daily life
An offer may appear significant until it is compared with the medical expenses, future treatment, and other losses caused by the crash.
Once a settlement is accepted and the appropriate release is signed, the claim is generally over. That is why it is important to understand the full consequences of the injuries before agreeing to a final resolution.
Insurance Companies May Make Early Offers Before the Claim Is Fully Developed
Some settlement offers arrive soon after the accident.
At that point, the injured person may not yet know:
• Whether additional treatment will be needed
• Whether surgery will be recommended
• How long symptoms will continue
• Whether the injuries will affect work
• Whether permanent limitations will remain
An early offer can create pressure to settle before these questions are answered.
An attorney may recommend waiting until there is enough medical information to evaluate the claim properly. The timing depends on the facts of the case, the injuries, available coverage, and any applicable legal deadlines.
Lawyers Identify What the Insurance Company Left Out
A low settlement offer may focus only on certain expenses while ignoring other losses.
For example, an insurer may consider emergency treatment and a few weeks of care but fail to account for future treatment or lasting physical limitations.
Depending on the case, damages may include:
• Past medical expenses
• Future medical care
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Physical limitations
• Permanent impairment
• Emotional distress
The attorney should identify which parts of the claim have been undervalued or ignored.
In a serious injury case, future losses may represent a substantial part of the claim.
Attorneys Challenge Arguments About Minor Vehicle Damage
Insurance companies sometimes use photographs of the vehicles to argue that a collision could not have caused serious injuries.
A lawyer may respond by reviewing the complete evidence, including:
• The location of the impact
• Repair estimates
• Vehicle photographs
• Medical findings
• Diagnostic imaging
• The timing of symptoms
• The injured person’s physical condition before and after the accident
Visible property damage is only one part of the claim.
The attorney may also examine whether the insurer is making assumptions that are inconsistent with the medical records and other evidence.
Prior Injuries Can Become a Major Settlement Issue
Insurance companies may review earlier medical records and argue that the injured person’s symptoms existed before the crash.
A prior condition does not automatically eliminate the right to compensation.
An accident may cause a new injury or aggravate an existing condition. The attorney may compare:
• Symptoms before the accident
• Treatment before the accident
• Symptoms after the accident
• New diagnoses
• Changes shown on imaging
• Changes in physical abilities
Clear medical documentation can help distinguish earlier conditions from the harm caused or worsened by the new collision.
Attorneys Build a Stronger Settlement Demand
When an insurance offer is too low, the attorney may prepare a detailed demand supported by evidence.
A settlement demand may include:
• A description of the collision
• Evidence showing fault
• Photographs and videos
• Medical records
• Medical bills
• Lost income documentation
• Information about future treatment
• Evidence of physical limitations
The purpose is to show why the earlier offer does not reflect the full value of the claim.
A strong demand should connect the accident to the injuries and explain how those injuries affected the client’s life.
Lawyers Negotiate With the Insurance Adjuster
Negotiation involves more than simply asking the insurer to increase the offer.
The attorney may respond to specific arguments about:
• Liability
• Comparative fault
• Medical treatment
• Prior injuries
• Gaps in treatment
• Future care
• Lost income
• Pain and suffering
The lawyer can compare the insurer’s position with the available evidence and explain why a higher settlement is justified.
Negotiations may involve several offers and counteroffers.
The client should understand the strengths and weaknesses of the case before deciding whether to accept or reject a settlement.
Attorneys Look for Additional Insurance Coverage
A low offer may sometimes reflect limited insurance coverage rather than disagreement about the injuries.
An attorney should determine whether other sources of compensation may be available.
Depending on the accident, these may include:
• The vehicle owner’s policy
• An employer’s commercial insurance
• Rideshare coverage
• Uninsured motorist coverage
• Underinsured motorist coverage
• Other responsible parties
This investigation can be especially important when the injuries are serious and one insurance policy is not enough to cover the losses.
The first policy identified after the crash is not always the only policy that may apply.
A Lawsuit May Be Necessary When the Insurer Refuses to Pay Fairly
Some claims cannot be resolved through settlement negotiations.
A lawsuit may become necessary when the insurance company:
• Continues to dispute liability
• Minimizes the injuries
• Refuses to consider future treatment
• Blames the injured person without adequate evidence
• Makes offers that do not reflect the claim
Litigation may involve written discovery, depositions, medical evidence, expert opinions, motions, and other court procedures.
Many cases still settle after a lawsuit is filed, but the attorney should be prepared to continue pursuing the claim when negotiations alone do not lead to a reasonable result.
The Client Makes the Final Settlement Decision
The attorney can investigate the case, evaluate the evidence, negotiate with the insurance company, and give legal advice.
However, the decision to accept or reject a settlement belongs to the client.
A lawyer should explain:
• The amount being offered
• The strengths of the case
• The risks of continuing
• The possible costs and delays of litigation
• The available insurance coverage
The client should have enough information to make an informed decision rather than feeling pressured to accept a low offer.
Contact Auto Injury Attorneys About a Low Settlement Offer
Experienced auto injury attorneys can review an insurance settlement offer, identify losses that may have been overlooked, negotiate with the insurer, and determine whether further legal action may be appropriate.
Bojat Law Group represents people injured in car accidents, rear end collisions, truck crashes, motorcycle accidents, Uber and Lyft accidents, pedestrian accidents, and other serious collisions throughout Southern and Central California.
The firm has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.
Call Bojat Law Group at (818) 877-4878 to discuss your accident claim and any settlement offer you have received. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.
