Introduction
If you receive an initial offer in a car accident injury case, it is very likely you can get paid more, many times much more. Even 20 times or more than the initial offer on your car accident case is possible under some circumstances. I’ve seen this firsthand. Let me tell you the story of my past client, Jessica.
Jessica’s Story
Jessica was injured in a rear-end car accident. She contacted me several months after her car accident looking for help. She had been handling her injury case on her own and was completely lost as to what to do next, even though the insurance company had admitted liability for the accident on her claim. Jessica had significant neck problems prior to her car accident that she had already been treated for. The car accident aggravated her problems. Jessica did not seek medical attention for her neck until weeks after the accident when she was scheduled to meet with the doctor who was already treating her for her neck problems.
When Jessica called me, she had just completed a neck surgery, several months after her car accident. The insurance company had not yet offered her a penny on her case. After Jessica hired me, I immediately requested and gathered her medical records and bills from all her treatments following the accident, including the surgery records. I then sent a written demand to the insurance adjuster demanding they pay out their insurance policy limits.
Initial Low Offer
In response to my demand, the insurance adjuster made an offer of only $5,000, arguing that my client’s surgery was not related to the car accident and that she would have had to have the surgery regardless of the car accident. This is a common argument made by insurance companies. Based on my recommendation, Jessica allowed me to proceed by informing the insurance company that she declined their offer of $5,000.
Independent Medical Examination
I then sent Jessica to a doctor to perform an independent medical examination. After performing the examination, the doctor provided me with a written report confirming that Jessica’s neck condition was aggravated by the car accident and that the neck surgery was appropriate, reasonable, and necessary as a result of the motor vehicle accident. I sent the doctor’s report to the insurance company and again demanded that the insurance adjuster pay out the insurance policy limits.
Continued Negotiations and Lawsuit
The insurance adjuster then responded with an offer of $10,000. Based on my recommendation, Jessica agreed to reject this offer, and I filed a lawsuit on her behalf against the insurance company’s insured driver who caused the accident. During the litigation of the case, I consistently stuck with our demand offer for the policy limits. The insurance company finally gave in, and we were able to settle the case for the policy limits of $100,000 that we demanded when I started working on the case. Had the insurance company offered the policy limits when I started working on the case, I would have recommended to Jessica to accept the policy limits offer.
The Result
We ultimately got Jessica’s injury case settled for 20 times the initial offer in her case. We were able to do this because we were aggressive and stayed consistent in demanding the policy limits. I knew Jessica’s case was worth much more than what the insurance company was offering, so we never budged from our demand for the policy limits.
Key Takeaways
Getting paid more than the amount of the initial offer in a car accident injury case is very possible and likely in most cases. The key is to either stick to your demand for the policy limits or negotiate for a higher offer. If you don’t have your injury case valued at a policy limits case, then make an offer in response to the insurance company’s offer that is over and above their offer and over and above the approximate value of your case to see how the insurance company responds to your offer. It’s worth fighting for a bigger offer in your case. Do not let the insurance company get the best of you by accepting their low-ball initial offer.
Patience and Persistence
If you fight and negotiate for a better settlement, in my experience, you can get a bigger settlement in your car accident injury case. The thing is, just because you have sustained an injury and have a valid liability claim against another party, it does not mean the insurance company is going to make you a fair and reasonable offer in your case. Many times, you will have to fight and be patient to win a fair and reasonable settlement offer in your case. In this video about to pop up here, I’ll tell you how using patience can help you obtain a fair and reasonable settlement offer in your injury case.
Final Advice
Lastly, if you’ve been injured in a car accident, slip or trip and fall incident, or dog attack incident in Kentucky, remember: don’t wait, call Tate. Here at Meagher Injury Lawyers we provide a free consultation, please call or contact us today.
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