When you’ve been hurt in a car accident, you may be entitled to money for medical bills, permanent or long-term injuries, lost wages, and pain and suffering.
But making sure that you get the amount of money you deserve from the insurance company may take some skilled negotiations from an experienced attorney.
A settlement for a car accident is something that an insurance adjuster will deliberately make a low offer on. The insurance adjuster wants to see how little you will accept. It’s his job to not pay any more than that.
So you need to know how to negotiate effectively in order to get the settlement amount that’s fair.
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Why Adjusters Make Low Settlement Offers
When insurance adjusters offer a settlement for a car accident they usually “lowball” because their job is to save the insurance company money. An adjuster doesn’t care if you are fairly compensated for your injuries and bills.
This guy wants to minimize the insurance company’s liability and save his boss money!
So before the insurance adjuster even makes a settlement you can expect that they will go through all of the details with a fine toothed comb looking for ways to minimize the insurance company’s responsibilities.
The adjuster will go through the police report, any accident reports that were submitted to the insurance company, witness statements, camera footage and photos, and any other available means of figuring out who was at fault for the accident.
The adjuster will work hard to prove that you were at fault for the accident, or at least that you bear some responsibility for the accident. If the adjuster can split the blame or shift it onto you then the insurance company will have less financial responsibility.
Only after the adjuster has done a full investigation of the company’s assets and liabilities will they make you a settlement for a car accident. And that settlement is going to be low. They know it, and they expect you to know it. But the adjuster will hope that you will accept the low offer and just go away.
Too many Floridians accept the first car accident settlement they’re offered.
Why? In many cases, they are desperate for money for medical bills that need to be paid and other living expenses that they are struggling with.
Most people will take the insurance company’s first offer because they just don’t want to haggle with the adjuster. So the strategy of making a lowball settlement offer DOES work for the insurance companies. But that doesn’t mean you can’t negotiate for a bigger settlement offer.
Factors That Affect Car Accident Injury Compensation
The factors that you consider when you create your settlement demand packet are very different from the factors that the insurance adjuster will look at when they are putting together a settlement for a car accident. Remember, the insurance adjuster is actively trying to find ways to reduce the amount of money that will be offered in the settlement. So the adjuster will try to minimize the settlement amount offer by claiming things like:
- You are also responsible for the injuries that you suffered
- The treatments, tests, and exams for your injuries were unnecessary or excessive or that future treatment isn’t needed
- Your injuries are really the result of preexisting conditions so they’re not the insurance company’s responsibility
- You haven’t been following the doctor's treatment plan so you made the injuries worse or are preventing healing
- You didn’t need to miss as much work as you did.
Rejecting a Low Settlement For a Car Accident
When the insurance adjuster comes back with a low car accident settlement, don’t be surprised. They know the offer is low—they’re just hoping you’ll take it anyway so that you can get some money fast and put everything behind you.
Don’t take the lowball offer. Instead, remember that the settlement offer isn’t personal—it's just business.
Now it’s time for you to look out for your own interests and craft a rejection letter that will move the negotiations to the next step.
To craft a good rejection letter and counter a lousy car settlement offer you will need to:
#1 Keep Your Emotions In Check
Negotiating is a battle of nerves. If you get upset, you might say something that the adjuster can use against you in further negotiations. Keep a level head and (if necessary) have someone else read your rejection letter to make sure that your tone is neutral.#2 Work From Your Original Settlement Proposal
Don’t acknowledge the low settlement offer that the adjuster sent. Use the original number that you put into your settlement demand packet and work downward from that number in small increments. Don’t try to negotiate up from the number that the adjuster offered. Always work from your original number.#3 Address Each Potential Flaw In Your Case
The offer that the adjuster sends you will cite reasons for the low offer. Maybe they’ll say you haven’t gone to therapy, so you are making the injury worse and that’s not the company’s responsibility. In your rejection letter, counter each individual point that the adjuster tries to use to lower the company’s liability. For example, if the adjuster’s offer states that the adjuster doesn’t believe you have a particular injury, respond by listing the medical tests that you had done and their results that prove you do have that injury.
Get Help Getting A Better Settlement
If you’re not sure that you’re up to the task of negotiating a fair settlement the best thing you can do is get help from a personal injury attorney who can negotiate on your behalf or file a lawsuit if necessary to make sure that you get a fair settlement. Contact BK Law today for a free consultation and we can help you get the compensation you deserve.
Personal Injury Practice Areas
Car Accident
Truck Accident
Uber Accident
Scooter Accident
Bicycle Accident
Boating Accident
Medical Malpractice
Wrongful Death
Slip and Fall
Construction Accident
Jet Ski Accident
Workers Compensation
Catastrophic Injury
Pedestrian Accident
Pool Accident
Premises Liability
Bus Accident
Motorcycle Accident
Dog Bite Accident