Car accidents often result in serious injuries, lost wages, medical bills, and other losses. If you were hurt in a car accident someone else caused, their insurer might contact you to settle your claim for compensation.
However, you do not have to accept the insurance adjuster’s first offer. It might be too low to cover the extent of your losses, and you will forfeit your right to seek further compensation once you accept an offer. Instead, speak to an experienced car accident attorney immediately to avoid hurting your claim.
What Sort of Damages May Be Included in the Insurance Adjuster’s Offer?
When an insurance adjuster makes an offer, the compensation the settlement covers will depend on the individual circumstances of your case. Your offer may include several types of damages, including:
- Medical expenses, such as the cost of hospital bills, doctor’s fees, physical therapy, and prescription medication
- Lost wages if you were unable to work due to your injuries
- Pain and suffering you experienced due to the accident, such as emotional distress and loss of enjoyment of life
- Property damage, such as the cost of repairing or replacing your vehicle after the accident
However, what you are entitled to and what the insurance adjuster offers are different. If you suspect their offer does not include enough compensation for all of your accident-related losses, speak to a skilled Georgia car accident attorney who can help you strengthen your claim.
Is There a Process the Insurance Company Follows When Calculating Their Settlement Offer?
Insurance companies in Georgia tend to follow a certain process when calculating their settlement offer. This process involves several steps, including:
- Evaluating liability – The insurance company will investigate the accident to determine who was at fault.
- Calculating losses – They will review medical records, repair estimates, and other documentation to assess the value of your claim.
- Negotiating with the claimant – The insurance adjuster will negotiate with your attorney to reach a settlement both parties find fair.
Because insurance companies want to avoid paying out large sums of money, they will take every opportunity to minimize your claim. Working with an experienced attorney can help protect the full value of your recovery.
How Do I Know If Their Offer Is Fair?
Determining whether an insurance adjuster’s offer is fair can be challenging. Because the insurance company makes more money when it pays out less on claims, they may offer a settlement lower than you deserve – hoping that you don’t know the true value of your case.
To determine whether an offer is fair, consider the following factors:
- The value of your losses – Does it cover the total costs of your medical expenses, lost wages, and other losses?
- The strength of your case – How much evidence do you have to support your claim, such as police reports, witness statements, and medical records?
- The insurance company’s history of settling claims – Does the company have a history of offering low settlements?
In most cases, the most effective way to determine whether an insurance company’s offer is fair is to consult with a qualified car accident attorney. They can review your claim, compare it to similar cases, and help you understand your rights and options.
If I Reject the Offer, How Do I Request More Money?
If you reject an insurance adjuster’s offer, your attorney can request more money by submitting a counteroffer. This response should include a detailed explanation of why they believe your claim is worth more than the insurance company is offering.
Your attorney should also include any additional evidence that supports your claim, such as medical records or repair estimates. Be prepared for several days or weeks of negotiations with the insurance adjuster to reach a fair settlement.
Can I Request a New Adjuster?
If you are unhappy with the insurance adjuster assigned to your case, you may be able to request a new one. Be aware that insurance companies typically only allow switching adjusters in cases involving a conflict of interest or if the adjuster has exhibited unprofessional behavior.
However, if you have a valid reason for requesting a new adjuster, your attorney will contact the insurance company and explain your situation. The insurer will review your request and determine whether a new adjuster is necessary.
If I Am Partly At Fault, Can That Affect My Settlement?
Being partly at fault for a car accident in Georgia can affect your settlement. Georgia follows a modified comparative negligence rule, meaning that your percentage of fault will determine your potential compensation.
Under Georgia law, you cannot recover any compensation if you are 50 percent or more at fault for the accident. You can still recover compensation if you are less than 50 percent responsible. However, your compensation will be reduced by your amount of blame. For example, if you were involved in a car accident and the court determined that you were 30 percent at fault, your recovery would be reduced by 30 percent. So, if you suffered $100,000 in losses, you would receive $70,000 in compensation.
While these rules are only binding to courts, they affect insurance settlement offers, too. That’s because insurers will weigh what they think will happen in court as they decide what to offer as a settlement.
Determining fault in a car accident can be complex, and who is to blame is not always clear. It is essential to gather as much evidence as possible, such as police reports, witness statements, and photographs of the accident scene. A skilled personal injury attorney can help you navigate the legal process and advocate for your rights.
Contact a Georgia Car Accident Lawyer for Help Now
The Savannah car accident attorneys at Spiva Law Group have over 30 years of experience helping injured individuals recover compensation for their losses. We are dedicated to fighting for your rights.
If you have suffered injuries in an accident in Georgia, we’re ready to help. Our compassionate attorneys can investigate the incident to collect evidence, determine who is liable for your losses, and aggressively seek the compensation you deserve. We do not charge anything upfront to represent you and only ask for payment after we recover money for your claim.
Call or contact us online for a free consultation to learn more about how we can help you.