Find A Lawyer Legal Articles Attorney Login

Steps for Getting a Fair Offer From Car Insurance Companies

Injured? Call Now
1-866-828-0442
Talk to a LAW.COM Premier Attorney today!

Find out how to maximize your compensation after a car accident

Get a Premier Attorney on your side who will fight for a fair settlement on your behalf

If you were involved in a car accident, you could be in for a costly recovery. As the medical bills pile up and you’re out of work, you may wonder how you’ll afford to make ends meet. The good news is that you can get compensation through a fair offer from car insurance companies. But getting one isn’t as easy as it seems.

Having a Law.com Premier Attorney on your side can make a night and day difference in the outcome of your case. Find out how an attorney can help maximize your compensation by scheduling a free consultation with a law firm in your area.

Contact
A Lawyer!

Free Evaluation

Tell us about your potential case.

captcha
By submitting you agree to our Terms & Privacy Policy.
Top firms must pass our verified criteria:
Qualification
Based in the United States and admitted to practice law.
Reputation
Earned recognition from their peers for high-quality legal work.
Experience
Extensive experience and a winning track record in car accident cases.
Additional information:
check
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form

The average settlement for a car accident where you’re not at fault varies depending on whether the crash involved an injury or just property damage. Settlements typically range from a few thousand dollars to $100,000 or more.

These figures can fluctuate based on the severity of your injuries, pain and suffering, lost wages, the cost of vehicle repairs, and other case-specific details.

You’ll need the help of an attorney to determine how much money you’re entitled to. They can accurately calculate your economic damages (e.g., medical bills, lost wages, etc) and non-economic damages (e.g., pain and suffering, trauma, emotional anguish, etc).

It’s also worth pointing out that your level of fault can impact your settlement. Many states use the pure comparative negligence or modified comparative negligence rule.

Under the pure comparative negligence rule, you can seek compensation, as long as you’re not 100% at fault for a car accident. For example, if you’re 60% at fault, and your damages equal $50,000, you’re eligible for $30,000 in compensation from the other driver’s insurance company.

Under the modified comparative negligence rule, you can only seek compensation from the other driver’s insurance company if your level of fault is below 50% or 51%, depending on which state you’re in. For example, if you’re found 20% at fault and your damages equal $100,000, you can recover $80,000.

It's generally best not to accept the first settlement offer you receive after a car accident. You want to make sure the settlement offer you accept covers the full extent of your damages.

Many insurers will offer a lowball insurance settlement offer to reduce their own costs. They may contact you and try to convince you to accept the offer. Once you accept it, you can’t seek additional compensation.

By not accepting the first offer, you maintain leverage in negotiations. Your attorney can counter-offer with an amount that more accurately reflects your current and future damages.

How to respond to a lowball offer from an insurance company

Always take your time to evaluate a settlement offer. Before responding, ensure you have a clear understanding of the full extent of your damages.

Compile all relevant documents and evidence that support your claim's value. This can include medical reports, bills, repair estimates, proof of lost income, and any other documentation that substantiates your losses.

Based on your claim's value and the evidence you've gathered, your attorney can prepare a counteroffer that is reasonable but higher than what you're willing to accept. Your attorney will draft a formal response to the lowball offer that states why it is inadequate. This will include your injuries, the impact on your life, and the financial losses you've incurred.

During a conversation with an insurance adjuster, you might inadvertently say something that could be interpreted as an admission of fault or liability, even if you're not at fault. Insurance companies can use these statements against you to reduce or deny your claim.

When you hire an attorney, they’ll serve as a buffer between you and the other driver’s insurance company. That means they’ll handle all communications and negotiations with insurance companies. This protects your rights and ensures that you’re treated fairly throughout your car accident case.

If the other driver’s insurance company contacts you, let them know that you have hired a lawyer. Refrain from providing a recorded statement and ensure that all further communications go through your lawyer.

To prove negligence in a car accident claim, four key legal criteria must be established. These are known as the elements of negligence, and they include:

  • Duty of care: The first step is to establish that the other driver owed you a duty of care. This is generally straightforward, as all drivers have a legal obligation to operate their vehicles in a reasonably safe manner to avoid harming others on the road.
  • Breach of duty: Once a duty of care is established, you must demonstrate that the other driver breached this duty. A breach occurs when a driver fails to exercise reasonable care. Examples include speeding, driving under the influence of alcohol or drugs, distracted driving, or violating traffic laws.
  • Causation: After establishing a breach of duty, you must show causation. This means that the other driver's breach of duty directly caused your car accident and your resulting injuries or damages.
  • Damages: The final element involves proving that you suffered actual damages as a result of your car accident. This can include physical injuries, property damage, medical expenses, lost wages, and pain and suffering.

Proving that the other driver is at fault in a car accident claim involves gathering and presenting evidence that establishes their liability. This includes:

  • The official police report.
  • Photographs of the car accident scene.
  • Witness statements.
  • Surveillance footage from nearby cameras (e.g., at businesses, traffic cameras).
  • The location and extent of vehicle damage.
  • Testimony from car accident reconstruction experts.
  • Medical records.

Hiring a Law.com Premier Attorney can give you a major advantage in your car accident case. They’ll leave no stone unturned when investigating your car accident and ensuring that you’re fairly compensated.

Premier Attorneys also work on a contingency fee basis, so you don’t have to pay any upfront or hidden fees for their services. They only get paid if they successfully secure full compensation on your behalf. Get started on your path to recovery today. Contact a Premier Lawyer near you for a free consultation.

Injured? Call Now
1-866-828-0442
Talk to a LAW.COM Premier Attorney today!

Free Evaluation

Tell us about your potential case.

captcha
By submitting you agree to our Terms & Privacy Policy.
check
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form