If you decide to reject the lowest settlement offer, you must communicate your decision to the claims adjuster. Your legal representative can help you write a letter stating your intentions. In the letter, you can indicate that you're refusing the offer and explain why you deserve a higher settlement amount. You should also refute their reasons for offering such a low initial offer.
Your explanation of these reasons may be critical to getting a second, better offer from the claims adjuster. To successfully reject an insurance settlement offer, you must communicate the rejection in writing using a formal letter of demand. This letter must clearly state the reasons why the offer is rejected, for example, if it does not provide maximum compensation for the damages suffered. Explain the specific reasons for your rejection, highlighting damages and losses not covered by the proposed settlement.
These reasons may include medical expenses, lost wages, property damage, pain and suffering, and other relevant costs. You should also include any supporting documentation, such as medical reports, repair estimates, or witness statements, to substantiate your claims. Detailing this information reinforces your position and shows that you are prepared to fight for a more equitable agreement. If you are asked to give a recorded statement, politely decline until you have had a chance to consult your lawyer.
Unprepared statements can inadvertently harm your case. You have the right to reject any settlement offer and respond with a counterclaim to get the payment you deserve. When an insurance company refuses to cooperate and negotiations to reach a settlement fail, filing a lawsuit and going to trial is the next step in filing a personal injury claim. Another mistake many make when trying to settle with a car accident or personal injury insurance company is to talk about pre-existing injuries.
First, in a letter or email, write to the insurance adjuster and politely but firmly ask them to update the status of your claim before a certain date, perhaps 10 days or two weeks from the date you send the correspondence. It's highly recommended to seek the guidance of a personal injury attorney, such as those at TLF, when you plan to decline a settlement offer. A smaller settlement could be financially devastating if the symptoms of your injury worsen over time and you need additional care. However, every personal injury case is different, so the dollar value of a good settlement offer can vary considerably from case to case. In such a case, the attorney will contact the insurance company to negotiate a reasonable settlement.
If you pass this test by not settling for the lowest offer and making a counteroffer, you are likely to be rewarded with a higher liquidation amount. Understanding what is considered a good settlement offer allows you to evaluate whether the insurance company is treating your personal injury claim fairly. After receiving the first settlement offer from the auto insurance company, now would be a good time for you and your attorney to draft and send a detailed demand letter to the insurance company for the at-fault driver's car (send it to the attention of the insurance adjuster who made the first settlement offer to you).). For example, loss of pleasure caused by missing important family events could be included when submitting your response to a low settlement offer in a car accident or personal injury claim.