Can You Negotiate for More Money in a Car Accident Claim? (2024)

Have you been in a car accident? Maybe you’ve been injured in a vehicle crash.

If so, your auto accident is one of more than 82,000 in Washington State that occur in any given year. There are approximately 6 million car accidents on U.S. roads annually. It’s no surprise. Roads in America are among the busiest in the world.

Can You Negotiate for More Money in a Car Accident Claim? (1)

If you are unfortunate enough to be involved in an auto accident, you probably know that immediately after the collision, money is the furthest thing from your mind. You will initially assess your own bodily injuries, and then see if there was any damage done to your vehicle.

But it is in your own best interest – if you end up having a car accident claim – to begin thinking sooner than later about financial compensation if your car sustained damage and/or you were injured.

If you intend to seek compensation in your car accident claim, then you have the right to negotiate for more money. You will be, through your attorney, negotiating with the insurance company, and specifically, the claims adjuster, for the money you are entitled to.

Here, we will present seven tips for successfully negotiating for more money in your car accident claim.

7 Tips for Successfully Negotiating for More Money with the Insurance Company

Seek Legal Representation Right Away

You don’t have to endure the car accident claim process alone. You are encouraged to seek the services of an experienced personal injury lawyer as soon as possible after your vehicle accident. Having an attorney immediately strengthens your case.

A highly skilled lawyer will know the rules, and all the loopholes and tactics insurance companies use to prevent you from receiving the money you deserve. With an attorney by your side, you stand a much better chance of receiving a fair and just settlement.

Another benefit of having legal counsel is that they will deal with the insurance companies on your behalf. They will be an ardent advocate for your rights, making sure you end up with a positive outcome in your car accident claim.

Can You Negotiate for More Money in a Car Accident Claim? (2)

Think About a Settlement Amount

It is best, with the assistance of your attorney, to consider a specific dollar amount for your car accident claim. Also, decide on a minimum settlement figure that you are comfortable with. This figure is for you only to know, so you can keep your bottom line in mind during the negotiating sessions. Never divulge your minimum amount to the claims adjuster.

It’s helpful to be flexible about your lowest dollar amount for your car accident claim. If the adjuster highlights some facts that you did not previously consider, but will make your claim weaker, you might have to reduce your dollar figure.

Be Cautious About What You Reveal to the Adjuster

It’s helpful to realize that the claims adjuster will do everything possible to use what you say against you. Their overriding objective is to minimize the compensation you receive in your car accident claim. Saving money is all the insurance company cares about.

While you should always be truthful about the circ*mstances of your auto accident, you also don’t want to divulge anything you will come to regret. It is smart to emphasize the severity of the accident and the injuries you’ve suffered.

Don’t Necessarily Accept First Offer

You can expect that when the claims adjuster – who is representing the insurance company –gives you their initial offer, it will be low. They do this to determine if you are knowledgeable about what you are entitled to receive for your car accident claim.

Even if the first offer is fair and reasonable, you can make a counteroffer that is slightly lower than your demand letter amount. In a demand letter, you – the claimant – set out the facts and circ*mstances of the car accident, as well as the injuries sustained. The demand letter is the main point of reference for you during the settlement negotiations.

By countering the adjuster’s first offer, it communicates to the adjuster that you are being reasonable and are open to compromise.

Request the Adjuster to Justify a Low Offer

Can You Negotiate for More Money in a Car Accident Claim? (3)

If the adjuster in your car accident claims case issues an absurdly low offer, then it is simply a negotiating tactic to find out if you know what your claim is truly worth. Be sure you don’t decrease the amount you entered in your demand letter.

Instead, request that the adjuster give you detailed reasons for why their offer was so low. Then, take notes from their response. Next, write a short (reply) letter responding to each of the factors the adjuster cited.

Depending on the strength of the adjuster’s reasons, you may consider reducing your demand minimally. However, prior to significantly decreasing the dollar figure, wait to see if the adjuster will send an amended offer after receiving your reply.

When you next communicate with the adjuster, start by asking for a response to your reply letter. More than likely, the adjuster will give you a reasonable offer upon which you’ll be able to bargain and come to a fair settlement.

Highlight Emotional Points

At some point during the car accident claim negotiations, emphasize the most compelling points in your favor – for instance, the insured was totally at fault for the accident. Also, you suffered major injuries, and that your medical costs were reasonable, and/or that you had long-term or permanent physical effects.

It will likely be advantageous to your case to emphasize emotional points that support your claim. If, for instance, you sent to the claims adjuster an especially compelling photo of your demolished vehicle or severe-looking injury, definitely refer to that.

If your injury has hindered your ability to care for your child, disclose to the claims adjuster that your child suffered, as a result. Although it may be impossible to put a dollar amount on emotional distress, and “pain and suffering”, these elements of an injured individual’s losses – damages –will make it more likely that the insurance company will respond with a fair and reasonable settlement offer.

Get the Settlement in Writing

Can You Negotiate for More Money in a Car Accident Claim? (4)

When you reach the point at which the insurance adjuster and you have come to an agreement, right away you will need to verify the terms in a letter to the adjuster. This letter should be concise and clear, and state the dollar amount for which you settled. This letter needs to also include what injuries or damages the settlement covers, and the date by which you anticipate receiving the settlement documents from the insurance company.


Look to Roberts Jones Law to Help You Reach a Favorable Settlement for Your Auto Accident Case

We at Roberts Jones Law will not rest until you obtain the maximum recovery possible, including reimbursem*nt for medical expenses, lost wages and money damages for your pain and suffering.

At Roberts Jones Law, our car accident attorneys are with you every step of the way. We meet with you from the very first consultation and will be the same attorneys with you in the event that your case goes to trial.

Be assured, Roberts Jones Law is on your team and will be your advocate, not that of the insurance companies.

We invite you to contact Roberts Jones Law for a free consultation today.

Roberts Jones Law Seattle

(206) 257-5478

Roberts Jones Law Tri-Cities

(509) 992-1529


This article is for informational purposes only and does not contain legal advice.

Can You Negotiate for More Money in a Car Accident Claim? (2024)

FAQs

Can You Negotiate for More Money in a Car Accident Claim? ›

Settlement negotiations start when you send a demand letter to the insurance company outlining the damages and amount you're requesting. The insurance company's adjuster will then review the claim and may counter with a lower offer. You can then go back and forth until you reach an agreement.

Can I ask for more money on a settlement? ›

However, it may be that you can get a better offer by doing the settlement agreement negotiation on the basis of goodwill. There may not be any commercial incentive for them to pay you more, but they may genuinely want to be helpful and show gratitude for your hard work.

How to ask for more money in an insurance claim? ›

  1. The Personal Injury Settlement Process. ...
  2. Have an Injury Settlement Amount In Mind. ...
  3. Don't Jump at the First Injury Settlement Offer. ...
  4. Get the Adjuster to Justify a Low Injury Settlement Offer. ...
  5. Emphasize Emotional Points. ...
  6. Put the Settlement in Writing. ...
  7. Getting Help With a Personal Injury Claim.

How to negotiate car insurance claim settlement? ›

More Auto Accident Settlement Negotiation Tips
  1. Don't Be in a Hurry. ...
  2. Don't Accept First Offers. ...
  3. Always Have Good Documentation of Your Damages. ...
  4. Follow Through with Medical Treatment Guidelines. ...
  5. Review Your Car Insurance Policy. ...
  6. Be Patient but Persistent. ...
  7. Hire an Attorney Early.
May 11, 2023

What reduces the amount paid in a claims settlement? ›

Underestimating Damages

Insurance companies may attempt to undervalue the damages suffered by the claimant, offering a lower settlement amount than what the claimant is entitled to. This tactic involves disputing the severity of the injuries, the need for specific medical treatments, or the claimant's lost income.

How much money should I ask for in a settlement? ›

Ask for more than what you think you'll get

In other words, if you think your lawsuit might be worth $10,000, ask for $17,500 to $20,000. It's generally best not to ask for more than that, as the negotiations might stall.

Should I counter a settlement offer? ›

It's okay to make a counteroffer when an insurance company offers a settlement, but you have to make an educated decision before moving forward. These are some of the questions you should go over with your attorney: Is the counteroffer a sufficient settlement offer?

How do I get more money from a claim? ›

Consult a Personal Injury Attorney for More Info About Your Insurance Claim
  1. Investigate your case to gather evidence that supports your request for compensation.
  2. Represent you in interactions with adjusters and other attorneys.
  3. Review and explain your policy terms and any laws that apply.
Apr 10, 2023

How to negotiate a diminished value claim? ›

If you decide to negotiate your diminished value claim on your own, being well-prepared is your best offense. Put together as much documentation and evidence as you can to support your claim. This may include calculations, specific market examples, and any other valuations or appraisals you're able to gather.

How do insurance companies determine how much you should pay? ›

Many variables factor into the amount that you'll pay, but the main considerations are the level of coverage that you'll receive and personal information such as age and personal information. For car insurance, that could mean age and driving record.

How long does it take to negotiate a settlement? ›

When it comes to determining how long a settlement negotiation will take, the answer can vary. The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve.

How do lawyers negotiate settlements? ›

Lawyers negotiate elements of a case including liability, total damages, medical expenses, policy limits, location considerations, and direct negotiations with insurance companies to maximize settlement amounts for clients.

How do I write a counter offer for a car accident settlement? ›

This letter should state:
  1. That you will not accept the initial settlement offer;
  2. The reasons why you feel you deserve a higher settlement amount;
  3. Each of their low-offer reasons, and your responses;
  4. The higher settlement amount that you will accept.

How are settlement amounts determined? ›

To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.

How much are most personal injury settlements? ›

Here are the average settlement amounts for some of the more common types of personal injury claims in California:
  • Workers' Compensation Settlement: $5,000 – $20,000.
  • Car Accident Settlement: $20,000 – $30,000.
  • Motorcycle Accident Settlement: $50,000 -$150,000.
  • Pedestrian Accident Settlement: $40,000 – $100,000.
May 10, 2024

Do insurance companies use scare tactics? ›

Before digging into what to do to scare an insurance adjuster, it's useful to know a little about how they try to scare those who file a claim. One of the most common scare tactics they use is to delay a decision on your claim. They know that when you're dealing with a severe injury, time is not your friend.

How do you negotiate a successful settlement? ›

Identify, gather and produce the most important information early. Settlement negotiations are most effective at the proverbial sweet spot, when each side has the information it believes it needs to make a judgment about settlement but before discovery expenses allow the sunk costs mentality to take hold.

Are settlements negotiable? ›

Negotiating a Settlement Check

If you get an offer from the insurance company, you can send a counteroffer. Both parties often go back and forth, trying to reach a number that works for both sides. Insurance companies do not like to pay out much on injury claims, so it might take time to negotiate.

How do you negotiate a cash settlement? ›

It's always better to get the professional opinion of an attorney before you say “yes” to a number you'll later regret.
  1. Come well-prepared with supporting evidence. ...
  2. Calculate a full settlement amount. ...
  3. Know your bottom line. ...
  4. Beware of the first offer. ...
  5. Get the settlement offer in writing. ...
  6. Read the fine print.
Feb 17, 2023

Why do lawyers often try to negotiate a settlement? ›

Generally, settling out of court yields better results for clients than going to trial. To this end, think about the benefits mentioned above: settling is faster, cheaper, results in less stress, and can help you get on with your life much more quickly than otherwise. For attorneys, this is a win-win situation.

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