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Do I Have Options if the Insurance Company Undervalues My Injury Claim?

Posted on behalf of Arnold Law Firm in
person-with-sling-shaking-lawyers-handInsurance companies typically offer the least possible amount of compensation to accident victims. If you receive a lowball offer, you may be concerned that the amount fails to fully compensate you for your losses. Below, our Sacramento car accident attorneys explain possible options you may have after an insurance company undervalues a claim. Request a free, no-obligation consultation today to learn more.

Why Injury Claims May be Undervalued

With an accident claim, the goal of the insurance company is to minimize the amount of money paid to the victim. Adjusters examine all elements of a claim, looking for factors that can be used to reduce your payout. One factor they may consider is whether you took appropriate action to reduce further damages and losses after your accident – including seeking prompt medical treatment for your injuries. If you fail to see a doctor immediately after your accident and obtain a diagnosis, the insurance company may claim your actions, or lack thereof, contributed to your worsened condition. They may suggest that your injury was caused by something else that occurred after the accident. They may also assert that the original severity of your injury is unknown due to the lack of immediate treatment. If you miss medical appointments for treatment, the insurance company may claim that you did not act to aid your recovery and prevent your condition from worsening. They may also claim your injury must not be as bad as you say. If you do anything else that fails to adhere to your doctor’s treatment plan, the insurance company may claim your actions caused your condition to worsen and make you responsible for delayed recovery.

Can I Make a Counteroffer?

You do not have to accept an undervalued offer from the insurance company. Your attorney may advise making a counteroffer. The insurance company may also choose to counter your offer. This negotiation process may then go back and forth as you attempt to reach a favorable settlement with the insurance company. Working with a skilled car accident lawyer during negotiations can help you obtain full, fair compensation for your losses, because your lawyer will be focused on protecting your best interests.

Going to Trial

The negotiation process can continue until one party refuses to budge any further. If the most recent settlement offered by the insurance company is still not enough to cover your damages, your last resort may be to file a lawsuit. However, negotiations may continue even after filing a lawsuit. Many lawsuits are settled before they reach trial. A settlement can help the insurance company avoid the additional expenses of going to court, as well as avoid the risk of paying a higher compensation amount as determined by the jury.

Contact Our Lawyers Today

Our experienced attorneys are dedicated to recovering the maximum compensation our clients need for their medical bills, lost wages, and pain and suffering. We are experienced negotiators – and we are also prepared to take a case to trial, if necessary. Request a free, no-obligation consultation today. There are no upfront fees and payment is only owed if we recover compensation for you. We have the resources to thoroughly investigate a case to build a robust argument for fair compensation.

Call (916) 777-7777 or fill out our Free Case Review form.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.