What Should I Do If The Insurance Company Is Lowballing Me?
What should I do if I get a lowball insurance settlement offer? If you’re injured in a car accident, slip and fall or in any other circumstance due to
somebody else’s negligence, you deserve full and fair compensation. But too often, insurance companies try to
lowball you when offering their settlement. They make the assumption that most people don’t understand the true
value of their claim, need the money quickly or are poor negotiators. But you don’t have to accept a lowball offer,
and you should never accept an insurance company’s first offer. Read on below to learn more about how to deal with a
lowball insurance settlement offer.
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Burger Law us a personal injury law firm that is not afraid to stand up to bullies like
resistant insurance companies. Based in St. Louis and Chicago, we serve the injured throughout Missouri and
Illinois. If you have any questions about your claim, or want to know if a lawyer can add value to it, call Burger
Law today at or contact us online.
Use our free personal injury calculator to see what full and
fair compensation means in your case. But first, a few questions and answers about lowball insurance settlement
offers:
How Do I Know The Value of My Claim?
Compensation in a personal injury claim is meant to “make one whole.” That means that the
damages awarded should put you in the same position you were in before. In an injury claim, you deserve compensation
for:
- Economic damages, such as the cost of any medical
treatment, lost wages and out-of-pocket expenses
like transportation costs to and from medical appointments; and - Non-economic damages, such as pain and suffering,
mental anguish and inconvenience.
An insurance adjuster may tell you they only have to pay for six weeks of treatment, don’t need to cover lost wages
if you have PTO or that they don’t have to pay for pain and suffering. None of those things are true. They are
liable for 100 percent of your damages.
How Do I Know If I’m Getting a Lowball Insurance Settlement Offer?
There are a few tell-tale signs that you’re getting a lowball offer from the insurance company:
- The offer comes too quickly — While we always try to get a settlement quickly, the truth is it
takes time for an insurance adjuster to evaluate a claim. It’s rare for an injury claim to settle in less than a
month if it’s really fair. If the adjuster gets back to you with an offer quickly, it could be a sign that they
haven’t thoroughly evaluated your damages. They may also be trying to settle the case before you’ve completed
your medical treatment, gone back to work or consulted with an attorney. - The adjuster ignores evidence or damages — An insurance adjuster may ignore evidence or damages in
order to minimize the amount of money paid out by the insurance company. This can happen for a variety of
reasons, such as the adjuster not thoroughly investigating the claim, not understanding the extent of the
damages, or feeling pressure to save the company money. In some cases, the adjuster may intentionally overlook
or downplay certain evidence in order to justify undervaluing or denying the claim. If you’ve sent them evidence
of medical expenses and wage loss damages, there’s no reason for them not to include it in your claim. - The math isn’t adding up, and they won’t explain why — Economic damages, like medical bills, car
repairs and lost wages, are easy to calculate. If their offer is far below your economic damages, you have a
right to ask them how they came to their offer. Insurance adjusters also love to downplay non-economic damages.
While it may seem like it’s difficult to put a dollar amount on them, there is actually a formula for
calculating non-economic damages. Typically, your economic damages should be calculated by a number between 1.5
and 5. If they don’t seem to be taking non-economic damages into account, that means it’s a lowball offer. You
can read more about how pain and suffering is
calculated here. - They pressure you — An insurance adjuster will sometimes tell you that they can rescind their
offer, or they’ll call you frequently asking if you’ve changed your mind yet. This is a sign that they know
their offer is low, and are trying to make your claim “go away.” - They blame you for your injuries — If you were at fault for your injuries, either partially or
fully, that limits how much the insurance company is obligated to pay you. If you know you are not to blame but
they are trying to say you are, that is a sure sign that you’re being lowballed. - They question or downplay your injuries — The insurance company might try to say your injuries were
pre-existing or that the accident wasn’t serious enough to cause the injuries you’re making a claim for. But
they don’t get to decide how serious your injuries are; that’s up to a medical professional. They may tell you
that they need access to your full medical records, or that you need to be examined by a doctor of their
choosing. That is not true; limit what documentation you give them to your injuries specifically related to your
accident.
Insurance companies use a lot of tricks to devalue claims, but there are ways to combat
them.
What To Do If You’re Getting a Lowball Insurance Settlement Offer
If you’re getting a lowball offer, do not accept it. You only have one chance to get a fair settlement; if you accept
their offer you can never get more compensation at a later date. Getting a lowball offer is, unfortunately, quite
common. So stay calm, and follow the steps below to get the adjuster to raise their offer:
- Review the policy — Go over the terms of the policy you are making a claim against, and make sure
the adjuster isn’t leaving anything out that should be covered. - Ask the adjuster for specifics — Ask the adjuster why they are offering you what they are, what
they’ve included, what they haven’t included and why. - Gather evidence — In addition to bills, receipts and estimates (which the adjuster should already
have), you can send the adjuster X-rays or other imaging tests, photographs from the accident scene, police
reports or more proof of the other side’s liability and your damages. - Negotiate — If you simply write a letter rejecting the offer, the insurance company may rescind it.
Instead, send them a counteroffer, with complete documentation of your damages, and why the insurance company is
liable for them. It’s best to be as detailed as possible when sending your counteroffer. - File a lawsuit — If they refuse to raise their offer, you can file a lawsuit against the insurance
company in civil court. Filing a lawsuit officially begins the process of taking your claim to a jury trial.
It’s best to file a lawsuit through an attorney. Sometimes, the threat of a lawsuit is enough to get an
insurance company to finally be fair. - Hire a personal injury lawyer — An attorney is your legal advocate; they can assist in all of the
above steps and more. Experienced lawyers know how to raise a lowball insurance settlement offer. They’ll be by
your side every step of the way, will handle all the legal aspects of your case and will be available to answer
any of your questions.
Schedule a free case evaluation here. Litigation attorney
“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”
Gary Burger
What if the Insurance Company Makes a Lowball Offer on a Totaled Car?
Not only do you need to worry about compensation for your injuries, but you also likely have property damage if a crash was bad enough to cause bodily harm. In many cases, crashes will total your vehicle completely.
If you’ve been in a car accident and your vehicle is deemed a total loss by the insurance company, you will face the challenge of negotiating a fair settlement for your damaged car. It’s not uncommon for insurance companies to make lowball offers in these situations, offering significantly less than what your car is actually worth. So, what should you do if you find yourself in this unfortunate situation?
First and foremost, it’s important to understand that you have rights as an accident victim and policyholder. The insurance company has a duty to act in good faith and provide you with a fair and reasonable settlement for your totaled car. If they make a lowball offer, it’s crucial not to accept it right away. Instead, consider reaching out to an experienced attorney who can help you navigate the complex process of negotiating with the insurance company.
Our attorneys who have experience handling all aspects of car accident cases can review your insurance policy and assess the true value of your vehicle. We can help you gather all necessary documentation, such as repair estimates or appraisals, to support your claim for a higher settlement amount. With our experience and knowledge of insurance laws, we can advocate for your rights and ensure that you receive the compensation you deserve.
When facing a lowball offer, keep in mind that insurance companies are often motivated by their own financial interests. They may try to minimize their payouts to policyholders to protect their bottom line. However, with the assistance of a skilled attorney, you can level the playing field and increase your chances of obtaining a fair settlement for your totaled car.
It’s also important to remember that accepting a lowball offer can have long-term consequences. If you settle for less than what your car is worth, you may struggle to replace your vehicle with a comparable model. Additionally, you may not have the funds to cover any remaining loan balance or purchase a new car outright. By working with an attorney who understands the intricacies of insurance claims, you can ensure that your best interests are protected throughout the process.
If the insurance company makes a lowball offer on your totaled car, don’t settle for less than what you deserve. Reach out to our trustworthy car accident attorneys who can fight on your behalf and help you secure a fair settlement amount. Remember, you have rights as a policyholder, and we can guide you through the negotiation process, ensuring that your interests are prioritized.
Our car accident lawyers not only seek compensation for the injuries you suffered, but all your losses, including property damage.
Missouri and Illinois Personal Injury Lawyers | Burger Law
At Burger Law, we fight back against insurance companies who refuse to be fair every day. In 30 years of service to
the injured, we have secured over $200 million in compensation for our clients. As experienced trial lawyers, we can
see your case all the way through to the end, even if it means going to court. Because we work on a contingency-fee basis, there’s no reason for us to take on
your claim unless we truly believe we can significantly increase your compensation. If you think you’re getting a
lowball insurance settlement offer in St. Louis, or anywhere in Missouri or Illinois, speak to an attorney at Burger
Law today at [dynamic-phone-number] or fill out our online contact form.
