Insurance agent examine the damage of the car after accident

Don't Take the First Offer From Insurance Companies

Rodman Law Office April 12, 2023

In Texas, a person involved in a negligent auto accident may be entitled to seek damages by filing an injury claim. Upon filing an insurance claim, the insurer will call on their claims adjuster to investigate your injury or accident, determine if your claims are valid, assess damages, and propose a settlement offer. In most cases, the first settlement offer from the insurer is ridiculous or lower than the actual value of your injury claim. Hence, you should never accept it. 

At the Rodman Law Office, I have dedicated my career to offering experienced legal services and protecting the best interests of accident victims and their families. As an experienced personal injury attorney, I can review your insurance company’s offer and help negotiate a settlement amount that best reflects your needs. To learn more about how I can help you seek the compensatinon you deserve, contact my firm in Austin, Texas, today. 

Insurance Company’s Response to an Accident Claim

Insurance providers in Texas are often required to investigate all accident claims filed, negotiate with the plaintiff or their representative, and settle the injury claim in good faith. However, some deceitful insurance carriers are in the habit of negotiating claims using various bad-faith tactics. This may include lowballing or offering to settle for less than the actual value of the injury claim. 

In some cases, the insurance provider can delay conducting a thorough investigation or deny a claim without any tangible reason. All these bad faith tactics are to frustrate the claimant, test their resolve, and hope they give up seeking the claims eventually. However, this should never discourage you from submitting an offer and pursuing your rightful financial compensation. 

Reasons You Should Refuse

Unfortunately, an accident or injury can have various financial consequences on the victim. Medical bills, vehicle damages, and other financial needs will keep accumulating, especially when you’re unable to work. Rather than seeing the claims to the very end, some plaintiffs may feel pressured into accepting the first settlement offer of the insurer. Here are some reasons to refuse the insurer’s first offer: 

  • The offer is absurd or much lower than the actual worth of your injury claims. 

  • You may be unable to ascertain your cumulative expenses yet. 

  • Singing an insurance release document frees the insurance company from any potential liability. 

  • You may be uninformed about the potential implications of the injury on your personal health, day-to-day life, and ability to work. 

  • You need to fully recover or attain your maximum medical improvement to determine all medical expenses and damages. 

Following the car accident, you may sustain some injuries that need continued or future medical treatment. Therefore, before taking the insurer’s offer, wait until you attain full recovery or maximum medical improvement (MMI). 

Maximum Medical Improvement (MMI)

Maximum Medical Improvement (MMI) can be described as the stage after an accident or injury where the victim’s health condition can't improve anymore with the medical treatments or procedures available. Your physician will monitor your health condition and let you know when you attain MMI or full recovery. This is when you will be able to properly estimate your medical bills – including past, current, and future medical treatments – and other accident-related expenses. 

What Happens Next? 

Once you have reached full recovery or MMI, you may consider taking the settlement offer of the insurance carrier. Your legal counsel can proceed with the steps below: 

  • Demand Letter: Send a demand letter that describes your personal account of the incident, the damages suffered, and the total compensation you are seeking. 

  • Settlement Negotiations: In addition, your attorney will evaluate the insurer’s settlement offer and help negotiate better compensation to cover your injuries and damages. 

Don't be eager to take the insurance provider’s first settlement offer. An experienced Texas car accident attorney can fight diligently on your side, help negotiate an improved offer, or file a personal injury lawsuit if required. 

Take the Best Next Steps

Dealing with the insurance provider after a car accident can be complicated and overwhelming. In the event that the insurer is offering a much lower offer or negotiating in bad faith, you may propose better compensation or file a lawsuit. At the Rodman Law Office, I’m dedicated to offering compassionate representation and reliable advocacy to clients in their accident claims. 

As your legal counsel, I can review every detail of your personal situation, determine the magnitude of your injuries and damages, and estimate the actual value of your claims.  

Contact me at Rodman Law Office in Austin, Texas, today to schedule a simple case evaluation with a dependable personal injury lawyer. I will fight diligently to protect your legal rights and help you seek the financial justice you deserve. My firm proudly serves clients across Austin, Williamson County, Travis County, and Hays County, Texas.