After an injury accident, such as a slip and fall or car crash, you’re juggling doctor’s appointments, missed workdays, and other disruptions to your schedule. Your doctor tells you that you’ll be recovering for several months. Maybe you need considerable long-term medical care, including physical therapy. Right now, you have no idea how you’ll pay for it, or if your health insurance will cover any of the expenses. Maybe you’re not sure if you’ll ever be well enough to return to work.
Then your phone rings, and it’s an adjuster from the other party’s insurance company. They’re offering you an immediate settlement. Just sign the papers and pick up your check. But what are they really offering you?
Insurance companies are businesses, and lowballing or undervaluing injury claims is common to pay the smallest amount.
But wait—is that amount enough to cover all your expenses, including long-term medical care? What about your car or property repair, or even replacement?
You know this small amount isn’t enough to cover much. But you’ve got bills piling up fast, and you really need some money now. Should you accept the “quick check?”
In a word, NO. Once you sign those papers and accept that check, you’ve lost all opportunity to collect additional compensation.
How Insurance Companies Undervalue Claims
Insurance companies lowball to pay you as little as possible and close your claim out, preferably before you understand the full extent of your injuries and the entire amount of your claim. This is their MO, and allows them to downplay pain, future treatments needed, or long-term limitations.
Another tactic is to claim that you, the injured party, are actually liable. They may argue that your injuries are minor, claim your injury is actually a “pre-existing condition,” and dispute the medical necessity of treatment. These are also delay tactics to pressure you into accepting the “quick check” before you understand the worth of your accident claim.
Why Is First Insurance Offer Too Low?
Most people do not handle an injury claim every day the way a lawyer does. Insurance adjusters know this, and will begin lowballing you immediately, especially if they know you do not have legal counsel. So how do you handle a low settlement offer after an accident?
The first offer is intended to intimidate you to “take what you can get.” Unfortunately, that initial offer may not include future medical care, lost earning capacity, or ongoing pain and suffering. It may cover your immediate expenses, but ignores the larger impact of the injury, especially if you have serious long-term injuries.
The paradox is that once you accept their offer, you’ll forfeit your right to seek additional compensation later. That’s why you should not accept this initial offer before the full picture is clear, and you know the extent to which you need compensation.
Tactics Used to Pressure Injured People
Just because you’ve rejected their initial offer doesn’t mean they’ll stop and hand over a suitable settlement offer. Insurance adjusters are trained to use pressure tactics on people they know aren’t necessarily thinking straight, such as:
- Repeated calls asking for a fast response.
- Suggest that hiring a lawyer will slow things down.
- Claims that their offer is “fair” or “the best they can do.”
- Requests for recorded statements that can be used against you (never do this)
- Multiple attempts to get a signed release before you understand your claim’s value.
How do you fight these pressure tactics? Work with a Massachusetts personal injury lawyer, and they can negotiate on your behalf. Once you notify them that you are working with legal counsel, they must communicate with them and not you. The lawyer is your go-between, negotiating for you and protecting your rights.
What a Fair Injury Claim Should Consider
A fair settlement is more than just a dollar amount. If you’re wondering, “What is my injury claim worth?” Understand that every injury claim is different, and multiple variables can impact the final amount, including:
- Medical expenses you’ve already incurred.
- Future medical treatment or rehabilitation, such as surgery or physical therapy.
- Lost wages and reduced earning ability
- Pain, suffering, emotional distress, and loss of enjoyment of life
- Property damage, if applicable
- How severe your injury is and how long your recovery might take
Accepting the first offer without question leaves you vulnerable to bigger losses later.
Signs the Insurance Company Is Undervaluing the Claim
How can you tell an insurance company is lowballing your claim? Here are some signs:
- The offer comes very quickly after the accident
- The company ignores medical documentation
- The adjuster minimizes symptoms or disputes the diagnosis
- The amount does not even cover current bills
- The insurer keeps changing the story about fault or damages
- Adjusters say other things that do not “sound right.”
If talking to an insurance company is confusing, say nothing. Instead, let your personal injury lawyer communicate and negotiate on your behalf.
How The Snow Law Firm Can Help
After an accident, you have much to deal with. Medical appointments, missed work, and other life disruptions. Trying to handle an accident claim while dealing with everything else can be problematic.
Instead, let a Massachusetts personal injury lawyer handle your accident claim. They can:
- Review the offer and estimate the full value of the claim
- Gather records, bills, and proof of lost income
- Push back against blame-shifting and pressure tactics
- Handle negotiations with the insurer
- Build a stronger case for settlement or litigation if needed
With a lawyer handling your claim, you can focus on healing and taking care of yourself.
Why It Matters to Wait Before Settling
Why should you wait to settle your claim? Several reasons:
- Injuries can worsen over time, especially back, neck, brain, and soft tissue injuries
- Waiting for a more complete medical picture leads to a more accurate claim value
- A rushed settlement can leave you responsible for all future costs, including medical expenses and car repair or replacement costs.
- A lawyer can help determine whether the offer is truly fair before you sign anything.
Your lawyer will work to secure a fair settlement that will cover more than just your immediate expenses.
Don’t Let Them Pressure You Into A Bad Settlement
Insurance companies work to pressure injured people into settling their claims quickly. But after an accident, you should not feel forced to accept an insurance company’s initial offer, or even their second. Chances are that “settlement check” isn’t enough to cover anything, and you’ll be left with little or nothing once you sign the papers.
Instead, get help understanding what your claim may actually be worth, and speak to a personal injury lawyer as soon as possible. You’ll be able to discuss your claim, the insurance company’s offer, and your options to make an informed decision that serves your best interests.
The Snow Law Firm Is On Your Side
Insurance companies have powerful legal teams defending their interests. Shouldn’t you have someone defending yours against insurance companies?
The Snow Law Firm has been helping clients for over 30 years. Whether you were in a car accident, slipped and fell in a retail establishment, or found yourself on an unmaintained stairwell, you deserve to have your injuries covered by the liable party.
If you or a loved one are injured or being urged to settle by the other party’s insurance company, call us today at (508) 477-7100 or schedule your free consultation online. We’ll discuss your case with you and answer your questions with no obligation.
