What Happens When You Reject An Insurance Settlement Offer After A Truck Accident?

Why the First Offer Isn’t the Final Offer

What happens when you reject an insurance settlement offer? Many people have a misconception that if you turn down that first offer, you might not get any money for your injuries. That’s not how the process works.

When you get that first settlement offer after a car or truck accident, it can feel like a lifeline. You’ve got a stack of medical bills, your car is totaled, and you’re missing days at work. It’s a stressful time, and many feel that the offer of at least some money is better than nothing.

One thing that everyone should understand is that an insurance adjuster’s job is to close your claim by paying out the lowest amount of money possible. The adjuster is looking out for the insurance company’s bottom line and not yours. It’s not personal. It’s just how they work.

In this article, we’re going to clear up those misconceptions about rejecting a lowball settlement offer in this post. What happens when you reject an offer? What’s the negotiation process like? What happens if your case goes to trial? And can you really get more money if you turn down that first offer? We’ll walk you through the process, step by step, so that you can make an informed decision.

Why You Should Be Cautious About the Initial Offer

After a serious accident, the true cost of damages is often unclear. The first settlement proposal won’t consider any future expenses you might incur. Here are some things an offer won’t include.

Unseen Costs: A first offer might only cover your medical bills to the current date. It doesn’t take into account the fact that many injuries get worse over time. One example is a back injury. You might think you can manage the pain right now. What about six months down the road, when you need physical therapy or chiropractic care to manage the pain? Back injuries can worsen until you need surgery. Initial settlement offers don’t consider these things.

Lost Earning Potential: The insurance adjuster will offer to pay you back for days or weeks of work you’ve already missed. That won’t reflect future lost wages. What if you’re forced to work fewer hours or take a lower-paying job because of a long-term injury?

The Full Picture of Damages: A settlement offer might only cover things that have directly cost you money. These are called “economic damages” in Georgia. Under the law, you can also recover non-economic damages. These include things like pain and suffering, emotional distress, and the overall impact the accident has had on you.

The Release Form: Once you cash that check from the insurance company, you have signed away all future rights to compensation for this truck accident. No matter what happens in a few months or years because of your injuries, the case is over as far as the law is concerned.

What Happens When You Reject an Insurance Settlement Offer?

If you reject an initial settlement offer, it’s not a declaration of war, and you are not forfeiting any money. It’s a standard part of the process that insurance companies are used to.

After formally rejecting the lowball offer, you’ll present a counteroffer backed by strong evidence. Then the negotiation phase begins. If those talks stall, the case may eventually go to trial. Here’s a more in-depth look at these steps.

What is considered a lowball settlement offer?
A lowball offer or low offer is any amount that fails to cover the full scope of your economic and non-economic damages, including all medical bills, lost wages, property damage, and pain and suffering.

Step 1: Saying No to the Offer

The process starts by offering a formal rejection of the offer. Don’t do this over the phone. A “no” over the telephone might be misunderstood, or the insurance companies may ignore it.

Instead, draft a formal rejection letter. There’s no need to be rude or unprofessional. Simply state in the letter that the settlement offer is not adequate or acceptable. You don’t need to go into any more detail at this point. They’ll expect you to follow up with a counteroffer.

Send the rejection letter to the insurance adjuster via certified mail, with delivery confirmation. This ensures that you have a solid paper trail and proof that you notified them in writing.

Step 2: Making a Counteroffer

Your counteroffer is made through a demand letter. This is a formal written request sent to the other party before legal action is taken. You will be making a detailed argument for why you deserve more compensation for your injuries. A strong demand letter should contain the following:

• A summary of facts about the truck accident
• An explanation of why the other party is at fault
• A detailed list of all medical bills and treatments to date
• Copies of all medical bills and records, including the police accident report
• Proof of lost wages
• A calculation for future lost wages, medical expenses, and pain and suffering damages
• A specific dollar amount that you demand to settle the personal injury claim

Organized evidence, including bills and accident reports, shows the insurance company that you are serious and have a plan to prove your claim.

 

 

Step 3: The Negotiation Process

Now we get into the negotiation phase. The insurance adjuster will likely respond to your demand letter with a revised, higher offer. It still probably won’t meet your full demand amount, but you’re getting closer!

This back-and-forth negotiation can take place over several rounds of phone calls, emails, and written correspondence. Each time, you’ll be inching closer to a resolution. Think of the negotiations as a gradual process where your persistence and preparation are going to pay off.

You should know ahead of time that the insurance adjuster is going to rely on tactics that will test your patience. They want to exhaust you and wear you down. The adjuster might question the severity of your injuries, minimize the long-term impacts, or drag out their responses (or all of the above). This isn’t a sign that your claim is failing. It’s a common part of negotiations in personal injury settlement claims.

Having an experienced personal injury attorney to handle all the back-and-forth communications can be a game-changer in this process.

Step 4: Filing a Personal Injury Lawsuit

If the settlement negotiations stall, it’s time to file a truck accident lawsuit. Many people think of this as a scary last resort. It’s actually part of the negotiation process that often leads to a higher settlement amount.

Just because you file a lawsuit doesn’t mean you’re ever going to see the inside of a courtroom. The majority of personal injury lawsuits that are filed end up being settled out of court, before the trial even begins.

Filing suit gives your attorney access to more tools. Your truck accident lawyer will be able to formally question witnesses under oath (known as “depositions”). An attorney can also demand documents from the trucking company. When the trial date is finally getting closer, that pressure is what can finally cause the insurance adjuster to make its best and final offer for a more fair settlement.

One thing to keep in mind, however, is the Georgia statute of limitations. If you don’t file the lawsuit within two (2) years of the accident date, you forfeit the right to compensation.

 

 

How an Experienced Truck Accident Lawyer Helps Your Case

An experienced truck accident attorney brings unique, specialized experience to these types of personal injury cases. They can be a tremendous asset to help you get more money for your insurance claim.

They Know the Numbers: An experienced accident injury attorney knows how to calculate the full value of your claim. This includes more complicated figures like future lost wages, medical expenses, and pain and suffering.

They Handle Paperwork and Deadlines: Your truck accident injury law firm can file everything from the rejection letter to the lawsuit, and everything in between, without missing any key deadlines that could sink your case.

They Are Professional Negotiators: A truck accident lawyer knows every trick that the insurance adjusters use to try to pressure people. They’ve seen it all, they can’t be intimidated, and they negotiate from a position of strength.

They Present a Greater Threat: Watch how quickly an insurance adjuster’s attitude changes when they know you have a lawyer in your corner. They know the attorney is willing to go to court, which could result in much higher truck or car accident compensation.

Taking the Next Step

Rejecting a low settlement offer is your right when you’ve been injured in a truck accident. It’s the first step toward getting full and fair compensation for your injuries. You are in control of this decision if you don’t believe you’ve been given a fair offer.

If you live in Atlanta, Georgia, or the surrounding areas of South Georgia and need help with a truck accident claim, you don’t have to take on the insurance adjusters alone. Call our law office today at (404) 526-9955 for a free, no-obligation consultation with a lawyer about your case. We’re standing by to answer your questions and present your legal options going forward.

 

 

Frequently Asked Questions About Rejecting A Settlement Offer From An Insurance Company

What is considered a lowball settlement offer?

A lowball offer is any amount that fails to cover the full scope of your economic and non-economic damages, including all of your medical bills, lost wages, property damage, and pain and suffering damages.

Can I still negotiate if I already signed a release?

No. Once you sign a release and accept a settlement offer, you forfeit your right to pursue any further compensation for the accident. It is critical not to sign anything without having a legal professional on your side review it.

How much does a truck accident lawyer cost?

Our truck accident injury law firm works on a contingency fee basis, this means that you pay no upfront fees. We only get paid if we win a settlement or verdict for you.