{"id":5292,"date":"2021-05-03T18:45:57","date_gmt":"2021-05-03T18:45:57","guid":{"rendered":"https:\/\/www.mullenandmullen.com\/what-if-you-disagree-with-insurance-settlement-offer\/"},"modified":"2023-10-03T13:15:33","modified_gmt":"2023-10-03T13:15:33","slug":"what-if-you-disagree-with-insurance-settlement-offer","status":"publish","type":"post","link":"https:\/\/www.mullenandmullen.com\/personal-injury-lawyer\/articles\/what-if-you-disagree-with-insurance-settlement-offer\/","title":{"rendered":"What if you disagree with the insurance company’s offer to settle?"},"content":{"rendered":"

The insurance company quickly sends you a settlement offer for your car wreck. You need the money desperately. Should you take it?<\/span><\/strong><\/p>\n

Something seems wrong…<\/p>\n

You got in a car wreck. And the Insurance company couldn\u2019t be more helpful.<\/p>\n

They found out about the motor vehicle collision<\/a>. They made you an offer. And they will even overnight the check to you at their cost.<\/p>\n

Oddly, they seem to be in a real rush to get this taken care of.<\/p>\n

Why don\u2019t insurers act this way any other time you have a problem?<\/p>\n

If you find yourself in this situation, you\u2019re wise to follow your instincts. No matter how much you need the money, and no matter how good it looks, you\u2019re probably not getting a fair offer.<\/p>\n

It doesn\u2019t always mean the insurance company is up to no good. Sometimes they give you a fair settlement offer.<\/p>\n

But most of the time, they\u2019re giving you a lowball offer. And if they can get you to accept it by offering you a small chunk of cash now, they might save themselves thousands, or even tens of thousands of dollars later on.<\/p>\n

So, if you get an offer from your insurer, and they also promise to send the check to you overnight, what can you do if you don\u2019t feel comfortable with the whole situation?<\/p>\n

First, Understand How This Works Legally<\/strong><\/span><\/p>\n

Insurance companies have no legal obligation to treat you fairly. It is perfectly legal for them to make a ridiculously low offer.<\/p>\n

If you accept it, then you can\u2019t pursue compensation for this particular accident ever again, even if you get ripped off.<\/p>\n

What if you find out you have whiplash or a traumatic brain injury? Such injuries may not show up until weeks or even months after your wreck.<\/p>\n

Also, in Texas, you have the statute of limitations on your side. That means that you have two years from the date of your collision to pursue your claim in court.<\/p>\n

So, no matter how urgent the insurance company makes the situation appear, you have absolutely no obligation to act quickly.<\/p>\n

And resist that urge, even if you really need the money now. This low offer could cost you tens of thousands of dollars in the long run.<\/p>\n

You Can Negotiate Every Detail of Your Claim<\/strong><\/span><\/p>\n

Insurers like people who act like sheep. Simply follow what they say, let them clean out your wallet, and everything\u2019s going to be just fine (at least for the insurer anyway)!<\/p>\n

For starters, you don\u2019t have to give a recorded statement to a claims adjuster. Remember, they represent the insurer, not you. And they have years of experience in negotiation, which means they know what to do to pressure you into accepting an offer not in your best interest.<\/p>\n

Their job is to make the insurance company money. They get promotions (or not) based on how well they do that.<\/p>\n

You don\u2019t have to sign any agreements the insurer provides. You don\u2019t have to (and you shouldn\u2019t) take your car to the auto repair shop the insurer recommends.<\/p>\n

Typically, they have contracts in place with repair shops to keep repair costs low. So, these repair shops will use cheap parts, or avoid doing certain repairs entirely, to help out the insurer.<\/p>\n

If the insurer totals your vehicle, you can appeal that decision. They do this when damages exceed about 70% of your car\u2019s value. The value is supposed to be based on your vehicle\u2019s fair market value in your area (not the Kelly Blue Book value).<\/p>\n

Basically, you can negotiate nearly every aspect of your claim with the insurance company.<\/p>\n

Attorneys Don\u2019t Cost You Any Money Up Front<\/strong><\/span><\/p>\n

Finally, if you don\u2019t want to deal with all this, or if you just want to show the insurer you\u2019re not messing around, consider hiring a personal injury attorney.<\/p>\n

They offer free consultations. So, you can find out if you should accept the insurer\u2019s offer.<\/p>\n

And, they also don\u2019t charge anything until after you win your claim. So, you can afford to hire the best personal injury attorney you can find!<\/p>\n

You have plenty of tools at your disposal if you don\u2019t like the insurance company\u2019s offer. They won\u2019t let you know about any of those.<\/p>\n

But you can absolutely defend yourself. And you can find help in a personal injury attorney if you feel uncomfortable or overwhelmed.<\/p>\n

Suggested Reading<\/strong><\/span><\/p>\n

Should you settle quickly after your accident?<\/a><\/p>\n

Does Texas law favor victims or insurers?<\/a><\/p>\n

Should you repair or replace your vehicle after an accident?<\/a><\/p>\n

What are reasons a lawyer might not take your case?<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The insurance company quickly sends you a settlement offer for your car wreck. You need the money desperately. Should you take it? Something seems wrong… You got in a car wreck. And the Insurance company couldn\u2019t be more helpful. They found out about the motor vehicle collision. They made you an offer. And they will […]<\/p>\n","protected":false},"author":3,"featured_media":5293,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66],"tags":[],"_links":{"self":[{"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/posts\/5292"}],"collection":[{"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/comments?post=5292"}],"version-history":[{"count":1,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/posts\/5292\/revisions"}],"predecessor-version":[{"id":12937,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/posts\/5292\/revisions\/12937"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/media\/5293"}],"wp:attachment":[{"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/media?parent=5292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/categories?post=5292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.mullenandmullen.com\/wp-json\/wp\/v2\/tags?post=5292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}