Should I Accept the First Compensation Offer I Receive? - The Compensation Experts (2024)

Should I Accept the First Compensation Offer I receive?

Before your personal injury lawyer submits your request for compensation to the other party they will talk to you about what an appropriate amount of compensation is. This figure is based on your circ*mstances and what other similar recent compensation payments in the UK. The Judicial College publishes a document called “Guidelines for the Assessment of General Damages in Personal Injury Cases”. If your offer falls within the level you have agreed, then your solicitor may advise you to accept it.

Some questions need to be considered before a fair amount of compensation can be decided. These include:

  • What is your prognosis for a full recovery and by when? Are you likely to suffer ongoing pain for months, years, or forever?
  • What has your injury cost you in lost wages, travel expenses, medical costs, and other out-of-pocket expenses?
  • Who was liable? Initial offers made from insurance companies often state split liability, even if you were no way at fault.
  • What are the guidelines from the Judicial College?

The Importance of Evidence

In addition to your post-accident medical records and police report (if the police attended the scene of your accident), your lawyer will also speak to any witnesses to your accident to help verify and substantiate your version of events. Depending on your injury, they may also arrange for you to have an independent medical examination to show the extent of your injury and your prognosis, and describe the impact this has had on your life.

Without evidence, a claim can become little more than your word against that of the other party, making it harder to disprove if they state you were at least partially responsible for your injuries. The stronger your initial case, the faster your claim is likely to be resolved and the higher the amount your payment can be.

Receiving an Unsolicited Offer from an Insurance Company

We occasionally receive calls from people who have only recently had an accident. They have yet had a chance to seek legal advice yet have been contacted with an offer of compensation from the other party’s insurance company. Their question is whether the initial and unsolicited offer is fair and acceptable. In virtually every instance, the answer is “no”. An insurance company will not offer you money before you have asked for it unless they believe it will benefit them financially by having to pay you less at a later date.

In such cases, we have gone on to work with specialist personal injury lawyers to obtain a far higher payment for the client.

How is an Offer Received?

Any offer of compensation needs to be made in writing for it to be binding, detailing the amount and any deductions such as those for split liability. It is called a “Part 36 offer” as the legislation it conforms to is the Part 36 Civil Procedures Rule 1998. Once the offer is made, you have 21 days to decide whether or not to accept it. You should always take legal advice before accepting a Part 36 offer, especially if you have a conditional fee agreement or are using an insurance policy to cover your legal expenses, as you may find you invalidate your contract.

The Compensation Experts offer a free, no-obligation conversation so contact us today if you have received an offer of compensation and don’t know what to do, or you have any other questions about making a claim for personal injury.

Should I Accept the First Compensation Offer I Receive? - The Compensation Experts (2024)

FAQs

Should I Accept the First Compensation Offer I Receive? - The Compensation Experts? ›

You should not accept an offer that does not cover your damages. Typically, these offers only serve the insurance company's financial interests, not yours. Once you accept a settlement offer, you cannot request more compensation, so talking to an attorney can protect you from a costly mistake.

Should you accept the first compensation offer? ›

you don't have to accept any offer that's made to you. If you do accept an offer it might be lower than the compensation you would have got if you'd used a solicitor or gone to court instead. don't feel under any pressure to make a decision quickly.

How do you accept a settlement offer letter? ›

Dear Mr./Ms. Adjuster: Pursuant to our phone conversation on [insert date], please accept this letter as confirmation that we have agreed to settle, in full, my above-referenced claim for personal injuries for the amount of: [Agreed to Final Settlement Amount]. Thank you for your prompt attention to this matter.

How to counter offer an insurance settlement? ›

Rather, ask why the adjuster has provided this extremely low figure. You should then write a formal letter of response in which you state that you don't find the initial low settlement offer acceptable, listing the reasons why and concluding with a demand for a higher settlement offer.

Do you get excess back if not your fault? ›

When you pay the excess for a car accident which isn't your fault, you may need to claim this back from the insurance company of the driver who caused the accident once the claim is settled, if you don't have legal expenses cover to pay this for you.

Should I never accept the first offer? ›

Never accepting the first offer isn't about being unreasonable; it's about striving for the best possible deal. It's a testament to the art of negotiation and understanding the psychology of business dealings. Remember, the first offer is just the beginning of a dialogue that can lead to mutually beneficial agreements.

Should I always reject the first offer? ›

There are several reasons why a job seeker should not accept the first salary offer: The initial offer may be lower than what the employer is willing to pay: It is common for employers to make a lower initial offer, especially if they expect the candidate to negotiate.

Is it better to accept a settlement offer? ›

Never accept a settlement offer until your doctor understands the full impact of your injuries. At MMI, you see no additional improvement in any accident-related impairment or injury. It is possibly a permanent condition.

How to respond to a lowball settlement offer? ›

If you have determined to respond to a low settlement offer yourself, consider the following:
  1. Stay polite and professional. We understand it's a frustrating and emotional process. ...
  2. Ask questions. ...
  3. Offer the facts. ...
  4. Put your response in writing. ...
  5. Don't be bullied.

What happens when you agree to a settlement? ›

Once both parties sign a settlement agreement and it is legally binding, the paperwork will go to whoever is responsible for compensating the victim's damages—usually the at-fault party's insurance company. They have time to review the agreement and approve the payout—or disbursem*nt of funds.

How to politely decline a settlement offer? ›

Your legal representative can help you write a letter that states your intentions. Within the letter, you can indicate that you reject the offer and highlight why you deserve a higher settlement amount. You should also counter their reasons for offering the lowball initial offer.

How do you counter a compensation offer? ›

How to Negotiate a Salary Counter Offer
  1. Pause before responding.
  2. Ask a follow-up question.
  3. Turn the salary expectation question around.
  4. Get the salary range.
  5. Conduct comparative salary research.
  6. Prepare an organized argument.
  7. Ask for a 10-to-20-percent bump.
  8. Look for non-salary levers to pull.

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.

Will my insurance increase after a claim? ›

Will my car insurance go up after an accident? Unfortunately, the simple answer to this is yes. Whether the accident was your fault or not, making a claim will usually lead to an increase in your car insurance premium the next year and you could see an increase even if you don't make a claim.

Do I lose my no-claims bonus if I have an accident? ›

If a fault claim is recorded, it's likely to reduce your no-claims bonus if you haven't protected it. This is normally reduced by 2 years, but insurers should explain in their policy how any reduction in no-claims bonus would be applied.

Does your insurance go up after a claim that is not your fault? ›

Under California law, an insurer cannot increase your premiums when you aren't at fault.

Do you take the first salary offer? ›

Just as experts often advise job candidates to never accept an employer's first offer for a salary, an employer may counter your desired salary with a new number. You can choose to accept the employer's counter offer or negotiate further.

Is it recommended to settle early on a compensation claim? ›

An offer to settle made soon after an accident seems convenient since you will not have to do much or wait long to get compensated. However, you may stand to lose out in the end. Here is why. First, you may settle for less than you deserve.

How long does it take for compensation to be paid? ›

It takes between two weeks and a month for compensation to be paid if your claim is settled in your favour.

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