Is Your Injury Settlement Fair? Signs of a Lowball Offer

A common question we hear is, how do you recognize if the insurance company is making you a lowball offer for your injury claim?

There are several ways you can tell if the insurance company is making you a lowball offer. 

First Offer is Usually a Lowball Offer
Almost always, the first offer from an insurance company is a lowball offer. They don't have the necessary information, they don't have your medical records. They have very limited information. That's a sign that the insurance adjuster is looking to close down your claim quickly before you get wise, before you become informed, before you lawyer up.

Vague Offers Without Rationale
Another way to recognize a low ball offer from an insurance company is one that's vague, that doesn't cover all of your expenses. You have to look at what your potential claim is worth based on pain and suffering. Did you incur an income loss? Are you at risk of losing income in the future or having difficulty working to your full capacity?
They're not breaking it down. There's no rationale. They're just trying to dangle a carrot so you sign a release and walk away from your rights. 

Offer Doesn't Cover Projected Future Losses
If an insurance company or an insurance adjuster is making you an offer that only covers some of your immediate losses, but doesn't contemplate or take into account the risk or the likelihood of future losses, you're probably getting a low ball offer.

And again, it's a circumstance where you should speak to a lawyer and find out what else you're entitled to, what else you can recover. 

Lowball Offer Disguised as a Generous Offer
Whenever an insurance company offers you money, but then gives explanations that this is a generous offer. where this is a fair offer because you're partially at blame, where there are facts and circumstances that make your case not as strong or weak. That should give you concern. That should give you pause. The insurance company is already acknowledging, essentially, that they're making you a discounted offer and they're coming up with reasons. It's clear as day. A lowball offer. Get advice from a lawyer. Find out what your case is really worth.

Insurance Company Downplays Your Injuries
Whenever an insurance company offers you money, but at the same time, tries to downplay your case, tells you your injuries aren't that severe, again, they're trying to justify their offer. They're essentially telling you they're not paying you enough, but they have a good reason not to be. Speak to a lawyer because you're probably being dealt a lowball offer.

Tactics Used by Insurance Companies
It's also important to consider that sometimes insurance companies will make lowball offers simply because somebody is unrepresented by a lawyer. They recognize that you might not be in a position to file suit on your own. And so one tactic that we see is they will string you along, and they will be polite and nice, and the adjuster will constantly ask you for more information.

And I just need one more thing. Oh, and I just need this. I'm working at it. I'm trying to get you more money. I'm trying to get an increased offer. 

But what we find, what they're really doing is collecting information from you and running the clock. There are deadlines to file suit. Those are called statute of limitations and so the insurance companies often will run the clock on you and by the time you see a lawyer, either you're out of time or there's very limited time and your case is nowhere near as good as it could have been because you didn't have the proper advice.

Pressure Tactics and Risks From the Insurance Company
Whenever an insurance company is putting pressure on you to accept the offer immediately, that's a red flag. The insurance company doesn't want you to get informed. They don't want to give you an opportunity to think about it. 

Some people are worried, if I don't take the offer, or if I make a counter offer to the insurance company's offer, will I lose my chance to settle? Will they take it off the table? And while yes, there's always a risk, in our experience, that's a really low risk. If the lawyer tells you it's a low ball offer, Most of the time, you're going to get a much, much better result with a lawyer who can file suit immediately if the insurance company isn't paying a fair value for your case, and also get the right evidence to support your claim, to prove your losses, to prove the extent of your pain and suffering, to prove the extent of the economic losses, such as medical expenses, both past and into the future, and income loss or a risk that you may not be able to work to your full capacity. 

Steps to Take When Offered a Lowball Settlement
So what should you do if you're confronted with a situation where the insurance company has made you an offer and you're not sure if it's a lowball offer? 

First and foremost, get advice. Most personal injury lawyers, like our firm, offer free consultations. We're happy to talk to you, learn about the facts and circumstances of your accident, your injuries and the impact it's having on you and give you a fair assessment of what we think your case is worth. 

Don't Sign Anything Prematurely
Number two, don't sign anything. Don't get caught by the pressure tactics of the insurance company that this is a limited time offer. What they're asking you to sign in all likelihood is a release. If you sign it, you give up all of your rights to sue and pursue civil remedies. Okay? So don't sign anything until you've had a lawyer look at it. 

Ask For a Breakdown of the Offer
And if the insurance company makes you an offer, ask for a breakdown. It's good to know if they can explain and rationalize. How they've come up with the calculation for the offer they're making, and then bring it to a lawyer and get advice. 

Communicating Through Your Lawyer
If you have a lawyer, the insurance company should not be communicating with you directly. They should be communicating through your lawyer. So if you have a lawyer, maybe the insurance company doesn't know that yet, you've just retained a lawyer. The minute the insurance company calls you, tell them I have a lawyer. I don't want to speak to you. Here's my lawyer's name. and phone number contact them. Get the name and contact information for the insurance adjuster. Immediately call your lawyer and tell them that you were contacted by this person and share their details.

The Role of Lawyers in Negotiating Fair Settlements
Very often we'll get calls from people who have already heard from the insurance company. They've already been given an offer and they don't understand whether that's a fair offer or not. And so part of our job is to meet with clients, find out the circumstances of your case, the extent of your injuries, review your medical records.
We've had examples where it was really obvious that the offer from the insurance company was completely inadequate, well below the fair value of that case. 

Insurance Companies Pay More When a Lawyer Gets Involved
Insurance companies know that if you have a lawyer involved, a lawsuit is coming, that they can't mess around as much with lowball offers because ultimately they'll be forced to defend their position. And there's an expense associated with that. Very often if we get involved in a case, even where there is a lowball offer, oftentimes we can get a resolution fairly quickly. simply because of the ability to file a lawsuit and commence litigation and put pressure on the insurance company and their adjuster to take your claim seriously.
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The Best Way to Get a Fair Payout?
So if an insurance adjuster reaches out to you and gives you an offer, it's either a first offer or they're not giving you rationale. Where the rationale just doesn't make sense. The likelihood is it's a lowball offer. It's important to speak to an experienced lawyer so you can understand what the real value of your case is.

​Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 
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Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Contact Iacobelli Law Firm for a consultation to discuss the details of your case.