QUESTION
Should you accept the first offer with dealing with a settlement from a car accident from the insurance company?
Asked on Jan 16th, 2013 on Personal Injury - California
14 ANSWERS
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Absolutely not unless it is without question a more than fair offer or what you demanded to begin with.
Answered on Jan 22nd, 2013 at 12:52 AM
See if you can bargan for more money. Don't be outrageous with your demands, but usually there is a little room to negotiate.
Answered on Jan 22nd, 2013 at 12:51 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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You should keep making counteroffers until they say they won't pay any more.
Answered on Jan 22nd, 2013 at 12:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Of course not you negotiate with an insurance company just like you would negotiate over the sale of a used car or a mule.
Answered on Jan 22nd, 2013 at 12:51 AM
Jonathan S. Safran
Generally insurance companies will make a first offer to "test the waters," in order to gauge the response from the injured party. There are usually a number of "rounds" of negotiations, with offers and counter offers, before potential settlement occurs. If settlement negotiations break down, the next step is generally litigation (filing a lawsuit) or potentially an alternative dispute resolution method, if available.
Answered on Jan 22nd, 2013 at 12:50 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Usually the first offer need not be the final one. But you need some good facts to use in negotiating a better deal.
Answered on Jan 22nd, 2013 at 12:50 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Once upon a time, there was a mean old wolf who disguised himself in sheep's clothing, and you don't have to guess as to the outcome of his encounters with intended victims. Insurance companies are NOT in the business of paying claims; they are there to make money, pure and simple. Here is how it works: A claim is filed; an adjuster is assigned; he or she looks through the medical bills, the auto repair bill; proof of wage loss; and the medical records and then decides what amount should be set aside for "reserves" purposes. A low-ball offer is then made to you to determine if you can be bought off on the cheap for considerably less than the "reserve" figure. If you accept the offer, the case is closed. If you don't accept the offer, there almost always is more money to be had by negotiating. Frankly, I don't know any attorney who recommends settling a case for the amount of the first offer (unless the first offer is for insurance policy limits and the defendant has no assets to lose beyond his insurance coverage).
Answered on Jan 22nd, 2013 at 12:49 AM
Ronald A. Steinberg
Absolutely not.
Answered on Jan 22nd, 2013 at 12:49 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it is for property damage and it is fair, yes. If it is for Personal Injury, I usually counteroffer something a little higher, It never hurts to ask. If it is fair, and they will not go higher, I take it. If it is not fair, I go on to trial.
Answered on Jan 22nd, 2013 at 12:48 AM
You should never accept first offer if it less than policy limits You should have an lawyer on you side to balance the scales. Adjusters are highly trained to save money for the insurance company.
Answered on Jan 22nd, 2013 at 12:48 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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No make a counter demand.
Answered on Jan 18th, 2013 at 9:44 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Not usually . . . some adjusters will, however, make one and only one offer and then you have to decide.
Answered on Jan 18th, 2013 at 9:43 PM
James Eugene Hasser
It depends on whether it is fair. I will tell you, though, that only on rare occasions have I accepted a first offer. It generally happens when they offer my client enough money to meet or exceed my evaluation of the case. The real question you should be asking, though, is what is a fair value of my case. I get asked that all the time and my response every time is I don't know because I don't have enough information. A Google search for free information on Alabama Accident law should help educate you on the law and the factors that go into evaluating a case. Once you do that, if you decide you need to talk with a lawyer, choose a personal injury lawyer familiar with accident law in Alabama. Good luck.
Answered on Jan 18th, 2013 at 9:43 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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No, absolutely not. (Especially if you are not being represented by counsel.)
Answered on Jan 18th, 2013 at 9:42 PM