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  • Writer's pictureRobert Schuerger II

How to Counter the First Car Insurance Offer in a Personal Injury Claim

A personal injury claim is a nightmare to deal with and much of that comes from the experience that the insurance company representing the negligent party will create for the victim. One would think that such firms would be concerned with ensuring that an injured person is alive and well, but this is not the case.

Instead, an insurance company's objective is to try to pay out as little as possible to victims. It's up to those filing the claims to make the right decisions during settlement negotiations to ensure the best possible outcome.

An offer will usually be present during the car accident claim process and how the victim approaches the offer will have a lot of influence over how things end.

What Is the Value of Your Settlement After a Car Accident?

What Is the Value of Your Settlement After a Car Accident?

Not understanding the value of a car accident settlement is one of the biggest issues that will plague a victim who is seeking compensation. This allows the company to get away with a low insurance settlement offer, and then the person finds out later that more compensation is needed.

The agreement of acceptance will typically have a clause that prevents seeking any further compensation, which means that there's nothing that can be done at that point.

This is why retaining the services of a personal injury law firm in Nashville TN is so highly recommended. A passionate attorney will go to war for their client, leaving no stone unturned in the process.

Additionally, such a lawyer can calculate the true value that should be sought during car insurance settlement proceedings. Some of the elements that can make up the claim include:

  • Property damage

  • Medical treatment

  • Lost income

  • Pain and suffering

  • Emotional anguish

  • Wrongful death

  • Punitive damages

Some of these such as medical bills are economic, meaning that there is documentation that can be used to easily value them. Other, such as pain and suffering, are non-economic, meaning that there isn't a fixed financial value that can be referenced. Most personal injury attorneys, when seasoned, however, can give an appropriate number for these. They can advise on what to do when personal injury settlement talks fail.

The value of the car accident claim will be the total of the economic and non-economic losses that are being sought.

Remember That the First Offer the Insurance Company Puts Forward Is Expected to Be Low

There is actually a narrative out there that victims should always turn down the first settlement offer even if it sounds good, and this will often confuse people. Put simply, it's almost always expected to be low. In fact, even the insurance provider that is putting the offer forward fully expects it to be turned down in most cases.

Why is it so low? First, remember that the claims adjuster wants to try to get you to accept the lowest figure possible. Additionally, these offers will often come so early that they wouldn't even realistically be able to capture the fair value of the claim.

Also, keep in mind that the driver's insurance company knows that this is likely not going to be the last car accident settlement offer. Therefore, the strategy is to start low and try to get an acceptance as close to that point as possible.

Don't Get Worried About Turning Down the First Settlement Offer

Understandably, there may be some jitters around rejecting that first offer. Surely, that means that it will be revoked and the whole settlement will come crumbling down, right? This could not be further from the truth and that's why the guidance of personal injury lawyers is so important.

Revoking the offer means that the insurance company will withdraw and refuse to engage in any further negotiations. Alternatively, the firm could give an even lower offer.

There would need to be a specific set of circumstances for this to happen. Typically, the first offer in a personal injury lawsuit is a stepping stone to the eventual one.

Be that as it may, don't rule out the possibility that negotiations can fall apart. When this happens, it means that the case may need to be settled in court.

Demand Letter: The Way to Counter the First Offer the Car Insurance Company Came Up With

When the first personal injury settlement offer is received and the intention is to deny it, this will be done with a demand letter. Pay attention to the elements below.

Leave No Details out on the Situation

The demand letter is meant to indicate that the victim is turning down the insurance company's first offer. This part of it is very self-explanatory as the idea is to articulate that the perception is that the figure presented does not align with the true value of your car accident claim.

Indicate What Constitutes a Fair Settlement

The section above is a good start, but just saying that isn't enough. Now, it's time to explain why the insurance company's offer wouldn't cut it by outlining what a fair settlement amount is and why. Thankfully, a good personal injury lawyer can assist here.

All the key details of the matter are necessary here including the circumstances that led up to the accident, how it happened, and how you were affected.

The nature and extent of damages must be covered in full and any relevant documentation, such as medical bills should be attached.

This will all be accompanied by the dollar figure that is deemed to be fair.

A Negligent Insurance Adjuster and Bad Faith Tactics

Insurance companies will sometimes not take claims seriously. Alternatively, they may delay the process unnecessarily. The first course of action here is always to request status updates on your claim.

Sometimes the unreasonably low offers and behaviors are simply bad-faith tactics that insurance firms are never to engage in. Feel free to be guided by your lawyer on how to handle such a situation. They can also consult if your back hurts after car accident.

Speak to a Passionate Nashville Lawyer for Free Today!

Speak to a Passionate Nashville Lawyer for Free Today!

Making a counteroffer to an initial settlement offer is a straightforward process for an experienced Nashville attorney. It's never a good idea to go through this process alone since there will be legalities and factors that require experience in the field.

Allow a lawyer from Schuerger Shunnarah Trial Attorneys to go to war for you! Schedule a free consultation today by calling!


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