Should I take the first offer of a car accident settlement?
While it might be tempting, accepting the first car accident settlement offer is rarely a good idea. Insurance companies often make initial offers far below what you truly need to recover from your injuries, hoping you’ll take the quick money before understanding the full extent of your losses. A quick settlement may not cover your future medical care, lost income, and the real impact the accident has had on your life.
Reach out to a car accident lawyer today — get the compensation you truly deserve and make sure your rights are protected before accepting any offer.
Key Takeaways about Why You Shouldn’t Take the First Settlement Offer After a Car Accident
- An initial car accident settlement offer from an insurance company is frequently less than the full value of the claim.
- Accepting a settlement is final, meaning a person cannot seek additional compensation later, even if their injuries worsen.
- A comprehensive settlement calculation should include current and future medical expenses, lost wages, and non-economic damages like pain and suffering.
- Insurance adjusters work for the insurance company, and their primary goal is often to resolve claims for the lowest possible amount.
Why the First Car Accident Settlement Offer Is Often Too Low
After a car crash, you’re dealing with physical pain, emotional stress, and mounting bills. The sound of a quick check from the insurance company can feel like a lifeline. However, it’s important to understand the insurance adjuster’s role. They work for the insurance company, and part of their job is to protect the company’s bottom line by settling claims for as little as possible.
The first offer is a starting point for negotiation, not a final number. It’s often a calculated amount, sometimes generated by software, that may not consider the unique details of your situation. They are counting on you being overwhelmed and eager to put the accident behind you.
Here are a few reasons why that first offer is typically insufficient:
- It doesn’t cover future medical costs. Some injuries, like traumatic brain injuries (TBIs) or spinal damage, require long-term care, physical therapy, or future surgeries. A quick settlement won’t account for these delayed expenses.
- It underestimates your lost income. The offer might cover the paychecks you’ve missed so far, but what if your injury prevents you from returning to your previous job or limits your ability to earn a living in the future?
- It minimizes your pain and suffering. The physical pain, emotional trauma, and loss of enjoyment of life you experience are real losses. Insurance companies often place a very low value on this non-financial impact.
Rushing to accept an offer before your doctors have a clear picture of your long-term prognosis could leave you with significant out-of-pocket expenses down the road.
Understanding the True Value of Your Claim
So, if the first offer isn’t the right number, what is? A fair settlement should cover all the losses—or “damages”—you’ve suffered because of someone else’s negligence. In legal terms, damages are the monetary compensation you are entitled to for your injuries and losses. This isn’t just about the bills you have in hand; it’s about making you whole again, as much as money can.
A comprehensive claim should account for both economic and non-economic damages:
- Economic Damages: These are the tangible, verifiable financial losses you’ve incurred. This includes things like hospital bills, ambulance fees, medication costs, physical therapy sessions, lost wages from time off work, and the cost to repair or replace your vehicle.
- Non-Economic Damages: These are the intangible losses that don’t come with a specific price tag but deeply affect your quality of life. This can include physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life (for instance, not being able to play with your kids or enjoy a walk through Busse Woods).
It’s also crucial to be aware of deadlines. In Illinois, you generally have a limited time to file a personal injury lawsuit, a rule known as the statute of limitations. According to the Illinois Compiled Statutes, you typically have two years from the date of the injury to file a claim. Waiting too long or accepting a low offer can prevent you from ever getting the compensation you deserve.
The biggest risk of accepting a settlement offer is its finality. Once you sign the release form and cash that check, your claim is closed forever. You cannot go back and ask for more money, no matter what happens.
How a Personal Injury Attorney Can Help with Your Car Accident Settlement Offer
Handling a claim alone puts you at a significant disadvantage. An experienced personal injury attorney can level the playing field. Their role is to be your advocate, ensuring your rights are protected and that you are pursuing the full and fair compensation you need to recover.
An attorney can help by:
- Thoroughly investigating your accident: They will gather all the necessary evidence, such as the police report, witness statements, and photos of the scene, to build a strong case.
- Calculating your total damages: They work with you and your medical providers to understand the full scope of your injuries, including the potential for future medical needs and lost earning capacity.
- Handling all communication: They will take over all negotiations with the insurance adjuster, protecting you from pressure tactics and ensuring you don’t say anything that could harm your claim.
- Fighting for a fair outcome: If the insurance company refuses to offer a fair settlement, your attorney can be prepared to file a lawsuit and represent you in court.
Having a dedicated professional on your side allows you to focus on what matters most: your health and your family.
Car Accident Settlement FAQs
Here are answers to some common questions our clients have about handling a car accident settlement offer.
Can I still get compensation if I was partially to blame for the crash?
Yes, in many cases, you can still recover compensation even if you were partly at fault. Illinois follows a legal rule known as “modified comparative negligence.” This rule means that you can still seek damages as long as your share of the fault is 50% or less. Your final compensation award will then be reduced by your percentage of fault.
What happens if I reject the insurance company’s offer?
Rejecting an offer is a normal part of the negotiation process. Your attorney can submit a counteroffer with evidence and arguments supporting a higher amount. This back-and-forth negotiation continues until a fair agreement is reached or you decide to proceed with a lawsuit.
What should I avoid saying to an insurance adjuster?
It’s best to keep your communication with the other party’s insurance adjuster brief and factual. Avoid admitting any fault, speculating about the accident, or giving a recorded statement without first speaking to an attorney. You are not obligated to discuss your injuries in detail with them.
Contact Our Rolling Meadows Personal Injury Attorneys Today
If you have received a car accident settlement offer, you may wonder if it’s enough to cover all your losses. At Vito & Dollenmaier Law, we provide compassionate guidance and determined advocacy for injury victims throughout Rolling Meadows and the Chicago suburbs. We understand the tactics insurance companies use, and we are prepared to fight for the compensation you need to rebuild your life.
We work on a contingency basis, which means you owe us no attorney’s fees unless we successfully recover compensation for you. Contact us today at (224) 539-8821 or through our online form for a free, no-obligation consultation to discuss your case.