Deciding whether to accept a settlement offer is one of the most important decisions you will make when filing a claim with the negligent driver’s insurance company after a car accident. You may feel extremely conflicted if the insurance company makes you a settlement offer soon after your collision. You may be anxious to get your claim resolved and receive your check. However, you may have concerns that the amount offered is too low.
If you are in this situation, you are not alone. Many car accident victims worry about how to handle a low settlement offer by the insurance company.
Your Rights When Receiving an Offer From an Insurance Company
If you are offered a settlement that you believe is too low, you have the right to reject it. In fact, you don’t want to accept any settlement offer made soon after the crash, because you don’t yet know the full value of your claim. It takes time to know the extent of your injuries and to reach maximum medical improvement—the stage at which you have recovered as much as you will and know what your medical bills and lost wages will total.
You may be afraid that the insurance company will not offer you another settlement if you reject their first one. Fortunately, this is rarely the case. A first offer is simply the start of negotiations between you and the insurance company. Their initial offer may be intentionally low in hopes that they can entice you to accept less than you deserve in your settlement.
Steps to Take If You Want to Reject a Settlement Offer
If you decide to reject the insurance company’s settlement offer, you want to do it the right way. Here’s what you need to do:
Retain An Attorney
If you have not already done so, you need to retain an experienced car accident lawyer in Henderson right away. You should never make a decision about a settlement offer without first consulting a lawyer. He will know how much you should receive in settlement and can protect your legal rights.
Make A Counter-Offer
After your lawyer conducts an investigation, he can send the insurance company a written demand letter rejecting their offer, outlining your claim, and making a counter-offer. He can take over the negotiations with the insurance adjuster for you. Be prepared that it could take numerous rounds of offers and counter-offers before your claim is resolved.
File A Lawsuit
If the insurance company refuses to be reasonable or the statute of limitations to file your lawsuit is set to expire soon, you do not have to settle your case. Your lawyer will file a civil complaint on your behalf and litigate for fair compensation. You will most likely be able to settle your case before it goes to jury trial.
Were you or a family member injured in a car accident in Henderson? Our experienced car accident lawyers represent clients who are residents of Henderson and Las Vegas as well as out-of-town visitors. To learn how we will aggressively fight for the compensation you deserve, contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.