How to Counter a Low Personal Injury Settlement Offer (Ep.56)

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During the course of claim negotiations you'll likely receive several settlement offers from the adjuster. You need to know how to formally reject an offer and make a counteroffer. We show you how to do it in this video tutorial.
Here's a link to the sample rejection letter mentioned in the video:
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[@leadersuccess3761]

This was very helpful thank you.

[@Robert-if5hh]

I sustained a partial tear to my right rotator cuff. It was a rear-end collision by pick up truck. My car was totaled. I am at MMI ("as good as Im gonna get") now and had about four months of physical therapy. I still have noticeable pain when using my right arm at 90% strength. It's definitely not the same after a year. My neck is also strained and hurting after a year, but I had a prexisting injury for the neck. My initial settlement offer was 15k after medical. I was able to ask the adjuster to raise the offer to 17,300.00. Also, Im not using an attorney at the moment--I've fired two already. Im in the state of Idaho. The insurance company is headquartered out of Seattle. Any advice would be great. Im trying to get a nerve conductivity test scheduled. Again, any thoughts would be great.

[@Injuryclaimcoach]

Calculating an appropriate amount of compensation for permanent injuries is tricky. The initial settlement offers sound too low for what you've been through, but it also depends on the policy limits of the at-fault driver. You really do need an attorney for a serious injury like yours. It's curious that you "fired two already." This is not a good sign.

[@Robert-if5hh]

Thank you for the reply. Yes, I knew "firing" the second one would bring such responses. The reality is this: he never returned my phone calls, for four months. His paralegal told me that he has been busy with criminal trials. So, they dragged their feet on sending the demand package. Well, that was the last time I could handle being ignored by them. I've worked with attorneys before and he was not the best communicator in the area. To get to the point: their policy limit is 250,000. Are you suggesting that pain from a partial thickness rotator tear could be considered "permanent?" And, what makes an attorney more persuasive in getting them to settle at a fair amount? I've given them everything they need.

[@Injuryclaimcoach]

We can't comment on whether, or to what degree, your injury is considered permanent. This is likely a major point of contention from the insurance company. It's also complicated by your pre-existing injury. Only a good local attorney who specializes in personal injury has the experience to determine appropriate compensation in a complicated case like yours. Insurance companies often know the good local personal injury attorneys and will look at factors such as the attorney's historical likelihood of settling a case vs. taking it to trial. (If an attorney has a history of taking cases to trial the insurance company is a bit more "afraid" of them - this is a general rule of course and doesn't apply in all situations.) We'd recommend taking your case to an attorney with a strong reputation who exclusively handles personal injury cases (if your previous attorney was also busy handling criminal cases, he or she was not likely the best advocate for your case). Here's a guide on how to evaluate and choose a strong attorney for your case: www.injuryclaimcoach.com/choosing-an-injury-attorney.html

[@komoney1891]

Basically expect a lowball offer from adjuster because she's trying to save her company money, and get herself a raise, or promotion while doing so at your expense. But at the same time she might give you a fair offer so consider this when making a counter offer so you won't make the mistake of rejecting a fair offer. In which the courts could hold you accountable for not accepting a fair offer if they award you with an amount that's equal, or lower than that fair offer. And accountability could be paying court costs, and attorney fees by the defendant. But note a good attorney on your case would know or could find out what's a good or bad offer while advising you to settle, or counter, and ultimately to go or not to go to court.

[@DaWahine79]

I'm going through a negotiation right now as well for a failure to yield at a stop sign. The other party was at fault. I've settled the property damage and my vehicle was totaled (2000 Toyota, could've had another 5 -10years despite it being 16years old with 182k miles). It didn't occur to me I had 3 years to settle but I needed to use the money to replace the car because I go to school. Now it's the personal injury claim, and since I only suffered a whiplash, my personal health insurance wrote off the ER expenses (except for the deductible) and my doctor didn't recommend physical therapy, the first offer is at $3,000.00 as well. Is that even enough?

[@Injuryclaimcoach]

Most initial offers by insurance companies are too low. Your settlement amount depends primarily on your medical bills, and it's in your best interest to have your case reviewed by an experienced personal injury attorney in your area. Most reputable attorneys give free consultations. Bring your medical records and bills to the meeting. The attorney should be able to give an estimate of your potential settlement.

[@AttorneyRyan]

@dawahine79 make sure that you get the full value of your medical bills! You may be able to recover the full amount of you ER bill

[@foustinakp]

Can anyone give me advice? I wasn’t in the vehicle when the accident happened but my truck was completely totaled while my friend was driving it. The other driver was distracted and completely at fault. I lost my truck and hurt myself in the process because when I was running to the scene I fell and went flying and got really hurt because I was worried about my friend. I’m a single mother and I have to take care of my disabled mother by going to her house at least every other day to check in on her and I sometimes have to drive her to her appointments which are two hours away. This negligent driver made my life even more difficult than it already was and they want to give me $2800. What should I do?

[@jeremiahdaoner370]

I was hit in my work truck by another work truck. I had my right leg amputated from the crash. The first offer made was $3,000.00.

[@Injuryclaimcoach]

Sorry to hear about your collision and injury Jeremiah. The offer of $3,000 sounds ridiculously low for having your leg amputated. You should have an experienced personal injury attorney and/or workers' compensation attorney review your case immediately. You can also ask a more detailed question about your claim here: www.injuryclaimcoach.com/accident-at-work.html

[@jeremiahdaoner370]

+Injury Claim Coach Thank you. My lawsuit was settled. I was giving an example so other people are not shocked when the same thing happens to them.

[@Injuryclaimcoach]

Thanks for sharing your experience Jeremiah. Most people don't realize how unethical some insurance companies can be, and the lowball offers they make to innocent victims. ANYONE who is injured due to the negligence of another person or business should get a free case review from an experienced injury attorney in their area. There's no cost and no obligation, and the injured person will likely get some of the best advice of their life.

[@dannyirishgreen3287]

+Jeremiah Daßoner Are u joking??U settled for $3000??

[@jeremiahdaoner370]

+Danny Irish Green Sir no ir ,I did not settle for $3,000.00.$3,000.00 was their first offer.

[@stringwhore]

Does this still apply if I'm the one being sued? An insurance company wants 15000. I talked to some dude and he was like we can settle for 11000.

[@stringwhore]

Im trying to get him to go as low as possible but does anybody have any advise?