Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
You may expect your insurance company to help after a crash. That does not mean the first offer will reflect what you have actually lost. A settlement can leave out future treatment, lost income, or other costs that aren’t clear yet.
Before you agree to anything, it is worth looking at what the offer is based on. An auto accident lawyer in New Orleans can help you review the numbers and the evidence behind them.
Why Insurers Undervalue Claims
An adjuster is looking at the claim from the insurer’s side. The less the company pays, the less the claim costs them. That can show up in different ways. You may get an offer before your treatment is finished.
The adjuster may question a medical bill or ask why you missed work. Sometimes the insurer simply puts a lower number on the losses than you believe they are worth.
Louisiana law requires insurers to deal with claims in good faith under La. R.S. 22:1973. If the handling crosses that line, the insurer can face penalties. That does not mean every low offer is bad faith, though, and you should not assume the first number is final.
What A Lowball Offer Leaves Out
A lowball offer can look reasonable until you go through the numbers. The problem is what is missing. An insurer may base the offer on bills you have already received and leave out expenses you have not faced yet.
Look at whether the offer accounts for:
- Future medical care such as therapy or follow-up procedures
- Pain, suffering, and emotional distress
- Lost earning capacity or a reduced ability to work
- Long-term care and rehabilitation
Add those back in, and the real value of a claim can climb dramatically.
What Actually Drives Claim Value
The value of a claim comes down to what the crash cost you.
That can include:
- Medical expenses. Current treatment and care you may still need.
- Lost income. Wages lost during recovery, plus reduced earning ability in some cases.
- Pain and suffering. Physical pain, anxiety, sleep problems, and emotional distress.
- Property damage. Vehicle repairs and other losses tied to the crash.
Your share of fault can reduce the amount you recover. For crashes on or after January 1, 2026, recovery is generally barred at 51% fault under La. Civ. Code art. 2323. The filing deadline is generally two years for crashes on or after July 1, 2024, under La. Civ. Code art. 3493.11.
The “Independent” Medical Exam
An insurer may ask you to see another doctor for an Independent Medical Examination, or IME. The insurer selects the doctor, which can make the word “independent” feel a little misleading.
The report may question your injuries, your treatment, or whether you need more care. Keep your own records and continue following your treating doctor’s advice. Your treatment notes, appointment dates, and symptom records can help show what you have actually been dealing with.
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How Initial Offers Compare To Real Value
|
Injury type |
Example initial offer | Value after full evaluation |
Often overlooked |
|---|---|---|---|
| Minor soft-tissue injury | $4,000 | $12,000 | Physical therapy, missed work |
| Fractured limb | $18,000 | $50,000 | Surgery costs, long-term rehab |
| Mild traumatic brain injury | $25,000 | $120,000 | Neuro evaluations, cognitive therapy, lost income |
Figures are illustrative, not actual case results. They show how much a claim’s value can shift once you factor in future costs and long-term recovery.
How To Protect Yourself
After a crash , keep your paperwork. Save medical records, repair estimates, receipts, and messages from the insurer. Compare the offer with what you have actually lost and what you may still have to pay.
If treatment is ongoing, do not assume the first number covers it. The same goes for lost income, pain, or other losses that may not be obvious yet.
Do not let the adjuster’s number decide what your claim is worth.
Frequently Asked Questions
Why do insurers offer low settlements after accidents?
Early low offers protect their profits. They hope you accept before the full medical, emotional, and financial impact of the crash is clear.
What should I include when valuing my claim?
Start with the losses you can document, including medical bills, future care, lost income, property damage, pain and suffering, and emotional distress.
Are Independent Medical Examinations mandatory?
Not in every case. An insurer or court can request an IME, depending on the circumstances. Keep copies of your treatment records regardless.
How long do I have to file a claim in Louisiana?
The general period is two years for crashes on or after July 1, 2024, under La. Civ. Code art. 3493.11. Crashes before that date generally had a one-year period.
What if I was partly at fault?
You can still recover if your share of fault is below 51% for crashes covered by the 2026 rule. Your award is reduced by your percentage of fault.
Talk to a New Orleans Car Accident Lawyer
Insurance companies know how to make a low offer look fair. If you want to understand what your claim is truly worth before you accept anything, Alvendia, Kelly & Demarest can review your situation and explain your options.
Call (504) 200-0000 for a free consultation. No fee unless we win. Start here.
Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
