Baltimore, in Maryland, is one of the most dangerous cities in the United States, particularly in terms of traffic safety. Despite the TowardZERO Baltimore initiative running for several years now, the following reasons continue to cause massive traffic accidents.
- Distracted Driving
- Overspeeding
- Violation of Traffic Laws
- Tailgating
- Drowsy Driving
- DUI, or Driving Under the Influence
Now, there has been a car crash, and you have been in an accident. So, there will be medical bills, loss of pay, injuries, and diverse tangible, intangible, and pecuniary damages.
Then, who will pay for the damages? The insurance company of the driver at fault is for sure! However, things are not as easy as they may sound.
My friend, Sam, met with a road accident in Baltimore, and he had to go through massive disappointment while setting his claim.
Not getting the right compensation for the damage caused or not getting the right value (Lowball Settlement) is a common problem in personal injury or car accident claims in Baltimore.
Hi, in today’s blog, we will discuss how to recognize, respond to, and reject a lowball settlement offer for anyone navigating a Baltimore car accident claim.
Why Do Insurance Companies Make A Lowball Settlement Offer?
Insurance companies are profit-driven businesses. So, their goal is to minimize payouts and close claims quickly.
Further, when a claim is filed after a car crash, the adjuster assigned to the case may immediately offer a settlement that is lower than what the claim is truly worth.
Here’s why:
- They’re testing your knowledge, as many people don’t understand how much their claim is worth or that they have the right to negotiate.
- They want a fast resolution. Furthermore, insurance companies benefit when claims are settled quickly and efficiently, especially before victims fully understand the extent of their injuries or potential long-term losses.
- They assume you’re financially vulnerable. So, if you’re struggling with medical bills or lost income, a quick (but low) settlement might be tempting.
Common Signs Of A Lowball Settlement Offer
Identifying a lowball offer isn’t always straightforward. Here are several red flags:
- It arrives quickly after the crash. So, if an offer shows up just days after the accident, the insurer may try to settle before you have time to assess your damages fully.
- It doesn’t cover all your medical bills. Any settlement that doesn’t address ongoing or future medical expenses is suspect.
- It ignores non-economic damages like pain and suffering, emotional distress, and diminished quality of life.
- It includes pressure to sign right away. Furthermore, urgency and intimidation tactics are classic signs of an insurer trying to exploit the situation.
It undervalues your lost income or vehicle damage. A fair settlement accounts for lost wages, future earning capacity, and the actual market value of your car.
What Should You Do If You Receive A Lowball Settlement Offer?
Don’t panic!
Decline politely!
These should be the first things you need to know when you receive a lowball offer from an insurance company after a car crash in Baltimore.
Further, reviewing the offer and calculating the full value of your damages are some essential measures to take in this scenario.
Here are more details.
1. Stay Calm, And Don’t Respond Immediately
You have time, and it’s better to respond strategically. Moreover, insurance companies may record your conversations and use them against you later.
2. Review The Offer Carefully
Look at what’s included and what’s missing.
- Emergency room visits and hospital bills?
- Follow-up care, physical therapy, or medication?
- Future medical needs?
- Lost income and reduced earning potential.
- Pain and suffering?
However, if the offer doesn’t check all those boxes, it’s likely inadequate.
3. Calculate The Full Value Of Your Damages
Even if you’re not a legal or medical professional, you can begin to tally what the accident has cost you. Consider:
- Medical bills: Include all diagnostics, procedures, medications, and therapy sessions.
- Vehicle damage: Use actual repair estimates or appraisals.
- Lost income: Include wages missed due to recovery or appointments.
- Out-of-pocket expenses: Travel costs, co-pays, medical equipment, etc.
- Pain and suffering: Although harder to quantify, this should not be overlooked.
An experienced Baltimore car crash lawyer can help assess these values accurately and present them to the insurance company in a compelling way.
4. Gather Documentation
Insurance adjusters won’t just take your word for it. Moreover, the following supporting documentation will strengthen your claim.
- Medical records and bills
- Pay stubs or income documentation
- A copy of the police report
- Photographs of injuries or vehicle damage
- Journal entries describing your physical pain or emotional struggles
5. Prepare A Counteroffer
You have the right to reject the initial offer and make a counter-demand. However, your response should be professional and supported by evidence. Be sure to:
- Clearly explain why the offer is insufficient.
- Provide documentation to support your demand.
- Include a demand letter stating the amount you believe is fair.
6. Avoid Common Mistakes In A Lowball Settlement Offer
Negotiating with an insurer can be frustrating, but these mistakes could cost you:
- Accepting the first offer just to move on
- Sharing too much personal information
- Posting about the accident or injuries on social media
- Missing deadlines or ignoring follow-ups
Moreover, always stay organized and document your interactions with the insurance company.
The Role Of A Baltimore Car Crash Lawyer In Combatting A Lowball Settlement Offer
Here’s how a lawyer helps:
- Negotiates on your behalf: Insurance companies often increase offers once they know a lawyer is involved.
- Protects you from manipulation: An attorney shields you from pressure tactics and shady negotiation techniques.
- Gathers and organizes evidence: An experienced lawyer knows what’s needed, from accident reports to expert testimony.
- Evaluate your claim’s value: Attorneys understand how to include economic and non-economic damages in the demand.
- Prepares for litigation if necessary: If the insurance company won’t settle fairly, the attorney can escalate the matter to court.
You can even get free consultations or choose a lawyer who works on a contingency basis.
Can You Sue If You’ve Already Accepted A Lowball Settlement Offer?
Once you sign a settlement agreement and receive a check, your case is typically closed.
That’s why it’s critical not to accept a lowball offer without fully understanding the long-term consequences.
Furthermore, if you’ve already signed, your options are limited, but not always gone.
So, it may be possible to reopen a case in rare situations involving fraud or coercion, but that’s an uphill battle.
How Maryland Law Impacts Settlement Offers?
Maryland follows a contributory negligence rule. So, even if you are 1% at fault in a car crash, you may not be able to get the desired compensation.
Moreover, an insurer will try to use this law against you and shift a higher percentage of the blame to you.
When To Walk Away From Negotiations?
Not every case settles out of court. Also, if negotiations stall or the insurer refuses to offer a fair amount, filing a lawsuit may be the best action.
Though litigation can take time, it shows you’re serious and can lead to a more appropriate outcome.
Overcoming A Lowball Settlement Offer: Getting The Settlement You Deserve
Receiving a lowball settlement offer after a crash is frustrating but not uncommon.
Furthermore, understanding the tactics used by insurance companies and how to push back is essential to protecting your rights.
Also, documentation, patience, and skilled negotiation are key.
Moreover, when the process becomes overwhelming or unfair, working with a Baltimore car crash lawyer or auto accident attorney can make all the difference in getting the compensation you truly deserve.
FAQ: Dealing With Lowball Settlement Offers
Here are some frequently asked questions and answers about lowball settlement offers.
There’s no specific deadline for accepting an offer unless the insurer imposes one.
However, Maryland’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit.
Most Baltimore car crash lawyers work on a contingency fee basis. So, you pay nothing upfront, and the attorney only collects a percentage of your settlement if you win.
It’s essential to consult with an auto accident attorney to ensure the offer truly reflects your injuries, expenses, and losses.
Yes, but it can be risky, especially in cases involving serious injuries or permanent impairments.
Moreover, a legal professional possesses negotiation skills and a deep understanding of Maryland law that most individuals lack.
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