While it’s not easy to generalize when discussing theoretical car accident cases, most cases share one principle: No, you should not typically take the first offer of a car accident settlement. You should certainly not take such an offer if you have yet to speak with an attorney about the offer.
Insurance companies know that car accident survivors usually have little experience with claims and even less with settlement negotiations. This is why many insurers offer lowball settlements to car accident victims, hoping they will accept without second thought.
Without a legal professional assessing your rights and reviewing the offer, you risk accepting much less than you deserve. Always discuss any offers with a St. Petersburg car accident lawyer before taking anything from an insurance company.
Understand the Real Consequences of Accepting a Lowball Settlement Offer
Those who receive less compensation than they deserve for the cost of a car accident may:
- Have to pay out of pocket for medical care (and may forgo treatment as a consequence): Medical expenses account for a significant portion of that figure. If you do not obtain the compensation you deserve (and need) for your accident-related medical bills, your out-of-pocket cost can reach into the thousands of dollars. You may choose not to seek essential medical care because you fear the out-of-pocket cost—a potentially fatal outcome.
- Have to pay out of pocket for other accident-related expenses: You may need to pay out of pocket to repair your vehicle if you do not receive enough compensation from the insurance company (or another liable party).
- Experience pain and suffering without getting justice: Pain and suffering is one damage that car accident lawyers routinely seek compensation for. Yet, the insurance company may not appropriately account for this type of harm when it offers its first settlement. Therefore, you might receive no justice for your pain and suffering if you accept that first offer.
- Lose substantial quality of life: The consequences of receiving less money than you deserve may obviously lead to a lesser quality of life. You may have to live in pain without treatment, face immense financial pressure, and grapple with other realities that make life far worse.
On average, accidents resulting in a disabling injury cost hundreds of thousands in economic costs. Many accidents cost more than this, especially after you account for non-economic harm, including pain and suffering. This means that even a substantial sum of money—$50,000, for example—may fall quite short of the money an accident victim needs.
Assume the First Offer Is a Lowball Offer. Hire a Lawyer to Fight for a Fairer Deal.
- To protect yourself from insurance companies, who may already be pushing a lowball offer on you (or may do so shortly)
- To allow yourself more time for your physical recovery (as well as any psychological and emotional recovery you’ll need)
- So you can harness the benefit of a lawyer’s experience and legal training
- To have the financial backing of a law firm, which will pay the cost to complete your case (and your lawyer will only receive a fee if they win, which is known as a contingency fee)
Civil defense lawyers might use similar tactics to defend their clients against your case. You want a lawyer familiar with these tactics to protect you.
The Insurance Company May Attempt to Limit Its Losses in Other Ways
The largest auto insurance providers make more money than the typical claimant can dream of. This fact can make it difficult to wrap your head around the possibility that an auto insurance company might nickel and dime you—or even try to deprive you of all the money you deserve.
Yet, in addition to extending lowball offers, auto insurance companies routinely:
- Dispute fault for an accident: Even though some states (including Florida) use a no-fault insurance system, fault is often relevant after car accidents. An insurance company may claim you are at fault for the car accident so they do not have to pay for your losses, including medical bills that your own insurance does not cover.
- Deny claims without justification: One or more insurance companies that owe you compensation might deny your claim. When this happens, they refuse to pay you any compensation. If you don’t fight the denial, though, the insurance company will not pay the money you deserve (and keep that money in its own coffers).
- Delay claims: If an insurance company offers a lowball settlement, and you don’t immediately accept, it may then delay the next offer. As life goes on after an accident, some victims may feel greater financial pressure and eventually accept a lowball offer.
- Negotiate ruthlessly: Insurance representatives may show little regard for physical pain, emotional anguish, financial hardship, or other challenges you face because of your accident. Instead, they may focus on dollars and cents and stand firm behind their financial position.
Your lawyer will communicate the important human aspects of your claim. Like the insurance company, your attorney will negotiate aggressively if circumstances call for such an approach.
An attorney will also address other potential issues, like the financial pressure you may face after the accident. This is one of many areas where a law firm’s help (and financial assistance) can be pivotal to you receiving the money you deserve.
Your Car Accident Lawyer Will Build the Best Case They Can
If you hire a lawyer, they will ensure no insurance company’s bad-faith tactics harm your claim. That’s far from all an attorney will do for you, though.
Some of the duties car accident lawyers often perform for their clients include:
Advising
Many accident victims feel rudderless. They don’t know what to do after the collision.
Your lawyer can:
- Refer you to medical professionals
- Refer you to mental health professionals
- Provide general advice
- Answer questions you have of them
A lawyer is a versatile resource, and their advice may help you after your accident.
Creating a One-of-a-Kind Case Plan
Car accident lawyers create personalized case plans for their clients. They must, as the facts involved in each case are unique.
Your case plan may involve:
- Filing a claim with your insurance provider
- Filing a claim with another driver’s insurance company
- Filing a lawsuit (which your lawyer may not do immediately, but has the option to do if the insurance process does not lead to the result you deserve)
Attorneys can pivot as necessary. They will not write their initial case strategy in stone, and the ability to sue if you elect to is one of the many benefits of hiring a lawyer.
Proving Fault for the Car Accident
Whether or not there is a dispute about who caused the accident, your lawyer will collect all relevant evidence. This evidence may help whether they seek money from insurance companies or sue on your behalf.
Documenting Damages
Your lawyer will support their settlement demands with evidence of your accident-related losses.
Some types of documentation your lawyer may use in your case include:
- Medical records: Some records that may be relevant to your case include images of injuries, medical bills, diagnostic records, test results, treatment plans, prescriptions, and doctors’ notes about your symptoms.
- Financial records: Receipts for vehicle repairs, proof of lost income, and invoices for temporary transportation may help prove many of your economic losses.
- Expert testimony: Having experts’ opinions on your side can be compelling, especially if there are disputes about the severity of your injuries, the cost of your losses, or other aspects of your case.
Law firms know that the stronger your case is, the more likely they will secure the money you deserve. You should expect your law firm to hire experts if your case calls for it and to take all other steps that strengthen your claim or suit.
There is also you. Your perspective about the accident’s effect on your life may constitute the most important documentation your lawyer uses.
Negotiating for the Client
As your advisor and attorney, they will also negotiate for you.
This means your car accident lawyer will:
- Determine the exact amount of money you are entitled to
- Present their settlement demands to insurance companies, civil defense lawyers, and any other parties who owe you compensation
- Present all materials supporting their settlement demands, including documentation of your losses
Negotiations may ensue if liable parties don’t accept your lawyer’s initial demands. Negotiating is one of a lawyer’s most important skills (and a skill they practice often), so you can feel confident with an attorney as your negotiator.
Taking Legal Action, If Necessary
Not every car accident survivor has to sue. In fact, many receive fair compensation from insurers, though fair settlements often follow challenging negotiations.
If you hire a lawyer, though, suing is an option. If you and your attorney eventually decide that filing a lawsuit makes sense, trust them to fight for you through the civil justice system.
Damages That an Insurance Company (or Other Liable Parties) May Owe You Money For
Car accident victims often know they should get fair payment for vehicle damage, but they don’t always know what else entitles them to compensation. Some types of damages that you should receive a fair settlement or verdict for include:
Repair of Your Vehicle (If It Was Damaged in the Accident)
If your vehicle was involved in the collision, your lawyer will work with automotive technicians to determine the repair costs. They will also determine the cost if your vehicle is beyond repair and the cost of replacing any other property damaged during the accident.
Pain and Suffering
Some pain and suffering associated with car accidents include:
- Acute pain
- Chronic pain conditions
- Post-traumatic stress disorder (PTSD)
- Lost quality of life
- Scarring
- Depression
Your law firm may encourage you to see a mental health professional, which benefits your health and your claim. This may help you discover PTSD and any other conditions you’re not aware you’re suffering from.
Lost Income and Lost Earning Power
Those injured in car accidents are often out of work afterward. The severity of your injuries is one of several factors that may determine the severity and nature of your professional damages.
Lost income, missed bonuses and overtime opportunities, and diminished earning capacity are just some examples of professional harm that can come from a traffic accident.
Medical Costs
Depending on the nature and severity of your injuries, you may need:
- Emergency medical services
- Imaging services (like X-rays)
- Surgery
- Other medical care (and possibly items like medications and medical equipment)
A lawyer will not let an insurance company dictate what care you do and don’t need. When it comes to accident-related injuries, being thorough is the only option.
Disability
If any of your injuries are disabling, this will be relevant to your case. An attorney will do their due diligence to determine the lifetime costs of your accident, including medical expenses and whatever challenges you will face in your life due to your disability.
Hiring a Car Accident Lawyer Should Be Important to You
States, including Florida, set deadlines for taking legal action after car accidents. If you do not hire your lawyer as soon as possible after your collision, the filing deadline can pass. Get a lawyer’s protection from insurance companies as soon as possible.
St. Petersburg personal injury lawyers offer free, no-risk consultations, so take advantage of them and hire your lawyer as soon as possible.
Nicolette R. Nicoletti
Managing Partner
Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida. Nicolette attended Genesis Preparatory School and graduated salutatorian of her class. She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).
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