Steven A. Bagen | March 8, 2024 | Car Accidents
A car accident with injuries often leads to a long and complicated process of dealing with insurance companies. After filing a claim, you may receive a fairly quick offer from the insurance company to settle your case.
At first, a quick offer might seem like an easy solution to the problem. You get a settlement check and move on with your life. However, you take a closer look, and the offer is not what you expected. You’re not sure it will cover most of your expenses, and you don’t even know what all your injury-related losses will be.
Do you have the right to refuse their offer? What will happen if you say no?
The good news is that you absolutely have the right to refuse an offer by an insurance company. In fact, if you do not yet have legal representation, you should refuse the offer. You should at least pause the process until a car accident attorney can review the offer for you. Accepting an offer without legal guidance can be a huge mistake that can affect your future in many costly ways.
Understanding the Insurance Company’s Offer
When an insurance company offers a settlement for your car accident claim, they essentially provide you with a sum of money in exchange for releasing them from any further liability. When you sign a settlement agreement, there is a provision that you waive your right to seek additional compensation for the same injury from the same incident in the future.
This means that if you accept too little and later realize the settlement does not cover your losses, there is little you can do. You can be left with unnecessary financial liability for your losses.
Insurance companies are businesses focused on minimizing their financial losses. The initial offer usually does not fully compensate you for your damages. They hope you will accept it before you have legal counsel, which saves the company money.
This is how insurance companies work. They convince you they are on your side, so you trust them enough to accept a lowball offer without consulting a car accident attorney. This is a tactic to minimize liability, and it hurts claimants.
Insurers are not on your side, but a personal injury lawyer will be. They will carefully calculate your past and future losses and evaluate any settlement offers in light of those losses. Never accept anything without a case evaluation by a trusted attorney.
Evaluating the Offer
Before advising you to accept or reject the insurance company’s offer, your lawyer will evaluate the proposed settlement carefully. They will consider the following factors:
Medical Expenses
They calculate all your medical expenses related to the car accident, including hospital bills, doctor visits, rehabilitation costs, prescription medications, and future medical care. If the offer doesn’t cover these expenses fully, do not accept it.
Lost Income
If your injuries prevented you from working, your attorney will calculate your lost income and estimate any future income you may miss due to ongoing medical treatments or disabilities. Ensure an offer includes fair compensation for these losses.
Pain and Suffering
Pain and suffering refers to the physical and emotional distress experienced from the car accident. It is challenging to put a monetary value on pain and suffering, but your attorney can negotiate a fair settlement that fully considers this aspect.
Property Damage
If your vehicle sustained damage in the accident, the insurance company’s offer should cover the cost of repairs or replacement. Make sure the amount offered is reasonable and covers all necessary repairs or replacement if your vehicle is a total loss.
Your Rights to Refuse the Offer
As a car accident victim and insurance claimant, you have the right to refuse the insurance company’s offer if it does not adequately compensate you for the damages you have suffered. Refusing an offer does not end the claim process; it is only the beginning.
After rejecting a settlement offer, your car accident attorney will begin settlement negotiations. They can provide evidence of your losses to prove how much compensation you truly deserve. If the insurer challenges the severity of your injuries or the extent of your losses, you will have a professional negotiating and demonstrating how much you lost due to the accident.
Often, these negotiations result in a fair offer that covers your losses. Then, you can accept the offer and conclude the case. If the insurance company still offers insufficient compensation, your attorney can escalate the matter and file an injury lawsuit in civil court.
The Importance of Hiring a Car Accident Attorney
Filing a claim means dealing with insurance companies with adjusters working to protect the company’s interests. Hiring a car accident attorney can level the playing field so you have leverage against a major corporation and its resources. Here are only some reasons why you should consider seeking legal representation.
Experience and Knowledge
A car accident attorney has the experience and knowledge necessary to handle your case effectively. They understand the legal system and can navigate the claim process on your behalf.
Negotiating Power
With an attorney by your side, you gain negotiating power. They can advocate for your rights and fight for fair compensation.
Building a Strong Case
An attorney will gather and present evidence to support your claim, such as medical records, accident reports, witness testimonies, and expert opinions. They will ensure that your case is strong and compelling.
Handling Legal Procedures
Legal procedures can be complicated and time-consuming. Your attorney will handle all the paperwork, deadlines, and negotiations, allowing you to focus on your recovery without added stress.
Trial Representation
In some cases, negotiations with the insurance company may not result in a fair settlement. If a trial becomes necessary, your attorney will represent you in court and fight for your rights.
Contact an Experience Car Accident Attorney for Legal Guidance
If you have suffered an injury in a car accident and are considering whether to refuse the insurance company’s offer, seek legal guidance. Contact an experienced personal injury lawyer for a free consultation. The legal team will review your case, answer your questions, and provide the necessary support to protect your rights and financial future.
Don’t settle for less than you deserve. Take action today. You have the right to fight for compensation that covers your losses with the right legal representation.