Don’t settle for less! Learn how to avoid lowball offers on your insurance claim in Los Angeles.
When dealing with a personal injury claim, you might expect your insurance company to offer a fair settlement. However, you might be surprised to receive much lower offers than you hoped.
Insurance companies focus on making profits. They want to save money so that they may pay as little as possible. Knowing their strategies can help you avoid being taken advantage of during this challenging time.
This article will explain how insurance companies often offer low settlements, how you can dispute these, and how our Los Angeles injury lawyers can help you fight for a better deal.
Quick Summary:
- A fair settlement for a California personal injury claim is expected to cover medical expenses, lost wages, and any other costs linked to the injury. However, insurance companies may offer low settlements to save money, often by rushing a quick offer or pressuring claimants to accept without full consideration. The signs of a low offer include the company ignoring future medical expenses, disregarding total wage loss, or downplaying the severity of injuries.
- Insurance companies often offer low settlements for personal injury claims to save money and increase profits. These companies exploit people’s lack of full knowledge of their claim’s value by providing seemingly appealing but low payouts. But insurers may dispute the severity of your injuries, argue that specific treatments were unnecessary, or delay responses to pressure claimants into accepting lower offers. Furthermore, insurers may use California’s comparative negligence rule to reduce compensation if they can argue that you share responsibility for the accident.
- There are several ways to challenge a low settlement offer for your personal injury claim. First, try negotiating directly with the insurance company by providing evidence like medical bills and documentation of your injuries. If this doesn’t work, you can request a formal review of your claim to encourage the company to reconsider. Seeking legal help can also improve your chances of a fair settlement.
What are the Signs You Received a Low Settlement Offer for Personal Injury Claims in California?
If you file a personal injury claim in California, the settlement you expect to receive should cover your medical costs, lost wages, and other expenses related to your injury. However, insurance companies can lowball you with their settlements. Here are some common indicators of a low settlement offer that you need to watch out for to ensure proper compensation:
- Quick Settlement Offer: Quick offers after filing your claim are often an attempt by insurance companies to settle before all medical issues and expenses are fully known. A fair offer takes time, as it needs a full understanding of the impact on your health and finances. Settling too early may leave you with out-of-pocket costs for future treatments related to the injury.
- Disregarding Lost Wages: A fair settlement should include all the income you missed while recovering and potential future losses if your injury affects your ability to work. Insurance companies sometimes overlook lost wages or only cover part of the time you missed.
- Ignoring Medical Expenses: A low settlement often doesn’t fully cover your medical expenses, leaving some bills unaccounted for. Insurance companies may only include immediate costs but leave out long-term treatments or rehabilitation.
- Pressure to Accept Quickly: Insurance companies may use high-pressure tactics to pressure you into accepting quickly. They hope you won’t take time to consider other options.
- The Insurance Company Downplays Your Injuries: If the insurance company claims your injuries are minor or you’ll recover quickly, it’s a sign that they may be trying to offer a low settlement. Sometimes, insurance adjusters use this strategy to make their offer seem reasonable, even if it’s not.
How do Insurance Companies Pressure You To Take Low Settlements?
Insurance companies are businesses, and just like any other business, their goal is to save money. One way they do this is by minimizing payouts on personal injury claims and rushing you into deciding without realizing the full extent of your injuries and treatment plans.
Here are ways to watch out for how insurance companies pressure you into taking low settlements:
Disputing the Severity of Injuries
Insurance adjusters may dispute the seriousness of your injuries. This strategy makes it easier for them to offer less money for your claim. They might claim that your injuries are not as severe as you say or that your medical treatment was not needed. By questioning your injuries, they can justify a lower settlement.
Limited Knowledge of Claimants
Many people who file personal injury claims don’t know how much their case is worth. They may not be aware of the total costs related to their injuries, like medical bills or lost wages. Insurance companies take advantage of this by offering settlements that seem appealing but are much lower than what the claimant could receive. This strategy saves insurance companies money while leaving injured individuals with less than they should receive.
Delay Tactics
Insurance companies often use delays as a strategy. Taking their time to respond or ask for more information creates further stress for the claimant. The built-up frustration caused by this delay and the need for compensation may make you feel rushed into accepting a lower settlement just to get your money faster. They hope the longer the process takes, the more likely you will receive a quick but unfair offer.
Using Comparative Negligence
Under Cal. Civ. Code § 1431.2, if you are found to be partly at fault for the accident, your settlement amount can be reduced. For example, if you are deemed 30% responsible, your compensation may be cut by that amount. This rule can lead to lower settlements, even when the other party is primarily at fault. Insurance companies may argue that you share some blame, allowing them to lower their payout.
What are the Legal Remedies for Challenging Low Settlements Offers?
Getting a low settlement offer for your personal injury claim can be frustrating and disappointing. You might feel uncertain about what to do next. Luckily, legal remedies are available to help you challenge this unfair offer. Knowing your options can help you fight for the compensation you deserve. See below common legal remedies for addressing low settlements in personal injury cases:
Negotiate with the Insurance Company
One of the first steps you can take is to negotiate directly with the insurance company. Don’t rush to accept the initial settlement offer. It’s often much lower than what your claim is worth.
You may convince the insurance adjuster to increase their offer by providing detailed information. You can present evidence of your injuries, medical bills, and other damages to make a stronger case. This method often leads to a better settlement without going to court.
Request a Review of Your Claim
If negotiations fail, you can formally request a review of your claim. This involves asking for a second opinion on the settlement amount. A review can prompt the insurance company to reconsider its offer. You might need to provide additional evidence or documentation that supports your case. If they still refuse to provide a fair settlement, you can move forward with other remedies.
Seek Legal Representation
Getting help from a Los Angeles injury lawyer is a good way to challenge a low settlement. A legal representative can review your case and provide legal advice on the best steps to take. Having the right legal support can make a significant difference in the outcome of your claim.
File a Lawsuit
If negotiations and reviews do not lead to a satisfactory settlement, you can file a lawsuit against the at-fault party. This legal action can often push the insurance company to offer a more reasonable settlement. In a lawsuit, you can present your case in court, where a judge or jury will decide the compensation you deserve. Remember that filing a lawsuit involves legal fees and could take time, so it’s essential to weigh this option carefully.
Get the Compensation You Deserve with the Help of Our Los Angeles Injury Lawyers
Getting the right settlement can be challenging when dealing with a personal injury claim. Many people feel overwhelmed when facing insurance companies and their low offers.
However, know that help is always available. Our Los Angeles personal injury lawyers at Haffner Law can help you understand your rights as a claimant and deal with insurance companies. Haffner Law focuses on insurance claims cases and works to get you a fair settlement.
Additionally, they can prepare to take your case to court if negotiations don’t lead to an acceptable offer.
Your future is too important to settle for less. We are here to fight for your rights and secure the compensation you deserve. Contact us today and schedule a free case review to learn more about your legal options.
