The first injury claim offer from an insurance adjuster after an injury might seem tempting, especially when faced with immediate expenses and the stress of the situation. However, it’s crucial to understand when to accept that first offer – and it’s not as often as you might think.
Fresh out of law school, my career began on the other side of the table, working on behalf of insurance companies to defend injury claims. This role provided invaluable insights into the strategies insurance companies use to minimize their payout to injury victims.
A Tale of a Rear-End Accident Injury
Let me share the story of a past client to illustrate when it may be wise to accept the insurance adjuster’s first offer. This client had been injured in a rear-end car accident. She reached out to me several months post-accident, after struggling to navigate her injury case independently, even though the insurance company had admitted liability for the accident.
Interestingly, she had a history of significant neck problems, which were exacerbated by the accident. Despite this, she didn’t seek medical attention for her neck until her scheduled appointment with her existing physician, weeks after the accident.
The time of her call to me coincided with the completion of a neck surgery, several months after the accident. Until this point, the insurance company had not made her any an injury claim offer.
Injury Claim Offers Rejected
Armed with all her medical records and bills, I sent a written demand to the insurance adjuster demanding they pay out their insured’s policy limits. The response was a paltry $5,000 injury claim offer. The insurance adjuster tried to argue that my client’s surgery wasn’t related to the accident, claiming she would have needed the surgery regardless.
We rejected their injury claim offer. I arranged for an independent medical examination for my client with a medical doctor, which confirmed that the accident had indeed aggravated her neck condition and the surgery was necessary as a result of the accident. Despite presenting this doctor’s medical report to the insurance company and demanding the policy limits again, the adjuster only increased their injury claim offer to $10,000.
A Hard-Won Victory
We rejected this second offer and I filed a lawsuit on my client’s behalf against the driver at fault. Throughout the litigation, we remained firm on our demand for the policy limits. Eventually, the insurance company gave in and we settled the case for the six-figure policy limits I had initially demanded.
In retrospect, had the insurance company offered the policy limits at the outset, I would have advised my client to accept. This brings us to the key lesson here:
The Golden Rule Regarding An Initial Injury Claim Offer
Never accept the first offer from the insurance company in your injury case, unless that offer is for the policy limits, in which case you should consider maybe accepting the offer. If the initial offer falls below these limits, there is almost always room to negotiate for a higher offer. Insurance companies bank on some injury victims accepting the first offer, and they’re often prepared to go higher, if pushed.
Remember: The only situation in which you should consider accepting the insurance company’s first offer is when that offer is the policy limits.
Lost As What To Do Next With Your Injury Claim? Contact US Today!
At Meagher Injury Lawyers we provide agressive represenation for injury victims throughout Kentucky. Whether you have been injured in a car accident, slip or trip and fall incident, or dog bite incident, call us today to see if we can help you through your difficult time. Contact us today if you have been lowballed on your injury case and want to know your legal options.