After a car accident, receiving a lowball settlement offer from an insurance company can be a stressful experience, especially when you are dealing with immense financial hardship. Insurance adjusters sometimes count on victims accepting inadequate offers out of desperation or simply not knowing any better.
However, you are not obligated to accept the first number they throw at you. When negotiations stall and the insurance company won’t budge, there are steps you can take to push back and pursue the compensation your case actually deserves. If you’re unsure what your claim is worth, contact us for a free consultation.
Recognizing When a Settlement Offer Is Too Low
Before you can challenge an unfair offer, you need to understand what you are entitled to recover. After a car accident, you may be able to claim compensation for medical expenses, lost wages, property damage, pain and suffering, and future costs related to ongoing treatment or reduced earning capacity. A comprehensive settlement should account for all these damages—not just the obvious ones.
Several red flags suggest an offer falls short. If the amount doesn’t cover your current medical bills, let alone future expenses, that’s a clear warning sign. Similarly, if the insurer is ignoring your lost income or dismissing your pain and suffering as insignificant, the offer is likely inadequate. Insurance companies sometimes use tactics like pressuring you to settle quickly before you have fully recovered or completed treatment, which prevents you from knowing the full extent of your damages.
Negotiation Strategies for Better Settlement Terms
Having an attorney on your side changes the dynamic of settlement negotiations. Insurance companies know that represented claimants are serious about recovering fair compensation. Your attorney brings negotiation experience and legal knowledge that levels the playing field. Your attorney can employ several powerful strategies during insurance negotiations, such as:
- Presenting powerful evidence like medical records, expert testimony, employment documentation, and witness accounts to prove how the accident has impacted your daily life
- Countering lowball offers with detailed demand letters that outline exactly why the insurer’s valuation is insufficient and what amount accurately reflects your losses
- Identifying policy limits and coverage issues that the insurance company may be hoping you will overlook
- Calculating future damages accurately by working with experts to project long-term treatment needs, rehabilitation costs, and potential loss of earning capacity
When to File a Bad Faith Insurance Claim
Insurance companies have a legal obligation to handle claims fairly and process them in good faith. When they fail to do so, you may have grounds for a bad faith insurance lawsuit, which can result in additional damages beyond your original claim.
Bad faith occurs when an insurer acts unreasonably or prioritizes its own financial interests over its duty to you. Common examples include:
- Denying your claim without conducting a proper investigation
- Delaying payment unreasonably or requesting unnecessary documentation repeatedly
- Misrepresenting policy terms to justify a lower payout
- Refusing to communicate or respond to your inquiries
- Offering an amount that’s clearly inadequate based on the evidence
Taking Your Case to Trial for Fair Compensation
When an insurance company refuses to offer a fair settlement, it’s time to level the playing field with experienced legal representation. An attorney can review the insurer’s offer, calculate the true value of your claim, negotiate on your behalf, and even take your case to court if necessary. Contact a Kansas City car accident lawyer today to discuss your situation and learn how they can help you fight for the fair settlement you deserve.