Insurance companies often move quickly to settle pedestrian accident claims, but that speed can come at the expense of fairness. If an adjuster pressures you to accept an early settlement, minimizes your injuries, or makes an offer that barely covers your medical bills, they may be trying to offer a lowball settlement. Recognizing the warning signs can help you protect your right to recover compensation for your losses.
When you hire an experienced attorney to represent you, insurance companies know they cannot get away with lowball offers. At Salamati Law, our Los Angeles pedestrian accident lawyers protect your interests and handle all negotiations with the insurer.
What a “Lowball” Pedestrian Accident Settlement Really Looks Like
If you were injured in a pedestrian accident, you will typically pursue compensation by filing a claim with the at-fault driver’s insurance company. That claim should account for the full scope of your losses, including medical expenses, lost income, and pain and suffering. A lowball settlement offer falls far short of the true value of your claim. Insurance companies may present these offers early in the process, hoping to resolve the claim quickly and limit their financial exposure.
Accepting a low settlement may leave you responsible for medical bills and other accident-related costs that exceed the amount of your settlement. For example, if complications arise or additional treatment becomes necessary, those expenses will have to be paid out of pocket after the claim is resolved. After you sign a release, you generally cannot pursue additional compensation for the same claim.
The 5 Red Flags the Insurance Company Is Lowballing You After a Pedestrian Accident
In the days and weeks following a pedestrian accident, you may still be dealing with painful injuries, medical appointments, and uncertainty about what comes next. Insurance companies are aware of this vulnerable period and may attempt to resolve your claim quickly and for as little as possible.
The following are five warning signs that the insurer may be attempting to lowball your settlement offer:
- Immediate settlement offer: If the at-fault driver’s insurance company contacts you shortly after the accident with a settlement offer, it may be a red flag. At that early stage, the insurer likely has not completed a full investigation, and the long-term extent of your injuries and financial losses may still be unknown.
- Pressure to settle quickly: Insurance companies often push for fast settlements. However, as noted, once you accept an offer and sign a release, you generally cannot pursue additional compensation, even if your medical bills or other losses turn out to be greater than expected.
- Minimizing your injuries: Pedestrian accidents often result in serious injuries. Insurance companies may attempt to downplay the severity of your condition to justify offering less compensation for your medical care, recovery, and other losses.
- Ignoring pain and suffering: A low settlement offer may only account for easily calculated losses such as medical bills and lost wages. Serious pedestrian accident injuries often involve significant non-economic damages, including pain and suffering, emotional distress, and reduced quality of life, which insurers may attempt to undervalue or ignore.
- Blaming the victim: Insurers may attempt to shift some of the blame onto you, even when the driver was primarily responsible for the crash. By arguing that you were partially at fault, the insurance company can try to reduce the amount it has to pay under California’s comparative fault rules.
Insurance companies are focused on protecting their bottom line, not on paying a fair pedestrian accident settlement. Before agreeing to any offer, it is important to fully understand the extent of your injuries, your financial losses, and your legal rights. deo is overwritten or lost.
What to Do If You Get an Insurance Company’s Lowball Settlement Offer
If the insurance company makes a settlement offer that seems too low, taking the right steps can help protect your rights:
- Do not accept the offer immediately. Insurance companies often make early settlement offers to take advantage of the financial stress and uncertainty many victims face after a pedestrian accident.
- Avoid giving recorded statements without legal guidance. Adjusters may ask questions designed to limit the insurer’s liability or shift partial blame onto you.
- Continue all recommended medical treatment. The insurance company can use gaps in treatment to argue that your injuries are not as serious as claimed.
- Document all accident-related losses. Keep records of medical bills, prescriptions, rehabilitation costs, lost income, and out-of-pocket expenses such as transportation to medical appointments.
- Consult an experienced pedestrian accident lawyer. An attorney can evaluate the true value of your claim, handle negotiations with the insurer, and pursue the full compensation available under California law.
Mistakes That Can Hurt Your Pedestrian Accident Claim and Lower Your Settlement
Certain mistakes after a pedestrian accident can undermine your claim and give the insurance company an excuse to reduce your compensation. Avoid the following:
Downplaying Your Injuries at the Scene
Pedestrian accident victims sometimes tell bystanders or first responders they are “fine” out of shock or instinct. Insurance companies may later use those statements to argue that your injuries were minor.
Failing to Seek Immediate Medical Attention
Even if you remain mobile after the crash, you should still be evaluated by a medical professional. Some serious injuries do not present symptoms right away, and delaying treatment can both jeopardize your health and weaken your claim.
Not Following Your Treatment Plan
Follow your doctor’s and physical therapist’s instructions carefully. Missing appointments or stopping treatment early allows insurers to allege that your injuries are not as severe as claimed.
Posting About the Accident on Social Media
Insurance companies often review claimants’ social media accounts, looking for statements or photos they can use against them. Even an innocent comment such as “feeling better” may be used to undermine your claim.
When to Talk to a Pedestrian Accident Lawyer
It is often in your best interest to speak with a pedestrian accident lawyer as soon as possible after the crash. They can begin to investigate the accident, preserving evidence and protecting your rights. Critical evidence, such as surveillance footage, witness statements, and dashcam footage, becomes harder to obtain over time. Acting quickly can play an important role in building a strong claim.
Contact an experienced Los Angeles pedestrian accident lawyer at Salamati Law as soon as possible after your accident. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
