How to Fight a Lowball Settlement Offer After a Car Accident

After your car accident, the last thing you want to do is fight with insurance. Now you’ve received a settlement offer, and it’s lower than you were expecting. You may not be sure if the amount is standard, and you had unrealistic expectations, or if the insurance company is trying to lowball you – you have the right to question it.

Lowball settlement offers are more common than most people realize. Paying you what you’re entitled to isn’t helping insurance companies meet their bottom line.

The truth is, the first offer is rarely the best, and accepting it too soon could cost you thousands. When you’re dealing with injuries, bills, and feeling pressure from insurance companies, the last thing you feel like doing is putting up a fight. But you don’t have to fight this battle alone.

The attorneys at Alvendia, Kelly & Demarest Law Firm are right there with you. Let’s get into how to recognize a lowball settlement offer after a car accident, how Louisiana law protects your rights, and how to respond strategically without wasting time or making avoidable mistakes.

Why Insurance Companies Offer Lowball Settlements

While in theory, insurance companies are here to protect us, the reality is they are businesses with the goal of making a profit like any other. The easiest way to maximize profits is to reduce the time claims adjusters spend on your case and make sure they pay out as little as possible, even if the other driver is clearly at fault. That means paying out as little as possible, even when the other driver is clearly at fault. Lowball offers are a big part of this strategy.

You may receive an offer within days of the accident. It may seem like a relief, but on second thought, how much time could your claims adjuster really have put into reviewing your case and presenting the best possible offer? In most cases, that number doesn’t even come close to covering the true cost of your recovery.

Fast offers usually ignore long-term medical treatment, pain and suffering, and missed future income. Some insurers also apply pressure or set short deadlines, hoping you’ll accept before realizing what your claim is really worth.

How to Know If You’re Being Lowballed

There are some telltale signs you can look for if you suspect the insurance company sent you a lowball settlement offer. A few things to look out for include:

If the offer comes quickly before your medical treatment is complete.

What you’re entitled to can’t be thoroughly and accurately assessed if your full medical costs aren’t taken into consideration. Without knowing your costs, adjusters are making some bold assumptions and can estimate your medical costs way below the actual amount.

It barely covers emergency care, vehicle repairs, or initial bills.

If you’re sitting there doing the math to figure out if you’re even being offered your costs, you’re probably being lowballed.

The adjuster may ignore or downplay your pain and suffering.

If you’re entitled to pain and suffering, the insurance company isn’t allowed to ignore it or make it seem like you haven’t truly suffered. Car accidents are traumatic, and it isn’t the role of the claims adjuster to decide otherwise.

You’re told it’s the “final offer” or “the best you’ll get.”

These phrases are straight out of the claims adjuster’s lowballing playbook. If it’s the first offer you’re getting, most likely this isn’t the best it gets.

If any of this sounds familiar, don’t accept the offer right away. Consulting a personal injury attorney can give you a better understanding of whether the offer is appropriate and, if not, what your next steps should be

Louisiana Laws That Affect Your Settlement Rights

Knowing your legal rights in Louisiana can make a big difference when you’re negotiating a settlement. Claims adjusters aren’t there to spell out your legal rights or inform you of laws benefiting you.

The state uses a pure comparative fault system. That means even if you’re partially at fault for the accident, you can still recover damages. Your compensation will be reduced based on your share of fault. For example, an insurance company determines that you are 30% at fault and the other driver is 70% at fault for the accident. If damages are $10,000, you would be entitled to $7,000.

Additionally, Louisiana only allows one year from the date of the accident to file a personal injury claim. When you’re recovering from the physical and emotional impacts of an accident, it can be hard to keep track of time. Insurance companies know this. If they think you’re running out of time, they may stall negotiations to pressure you into accepting a low offer. A qualified personal injury attorney can talk to you about important deadlines, make sure you’re on track, and make sure your rights are protected.

How to Respond to a Low Settlement Offer

Before accepting or rejecting an offer, you need to have a good understanding of your damages.

That means:

• Reviewing your medical bills, treatment plans, and any recommendations for future care.
• Calculating lost wages and future income you’ll miss if recovery takes longer.
• Documenting pain and suffering, emotional distress, or loss of enjoyment of life.

Some of these can be hard to calculate, but your attorney will help. Once you’ve gathered everything, you can make a counteroffer with a demand letter.

Your demand letter should include:

• A clear breakdown of your total damages.
• Copies of medical records, receipts, and repair estimates.
• A request for a specific settlement amount based on facts, not emotion.

You don’t need to be aggressive. You need to be thorough and professional in your approach.

Common Insurance Tactics to Watch For

Many low settlement offers are paired with subtle pressure tactics. You might be asked to give a recorded statement. You may be told this is standard, but those recordings can be used to devalue your claim.

Other red flags include:

• Offering quick cash in exchange for signing a waiver
• Setting tight deadlines to respond
• Ignoring key pieces of evidence or downplaying injuries

When to Get a Lawyer Involved

Not every accident requires an attorney. If you walked away with only minor bruises, had no ongoing treatment, and the costs were low, you could negotiate a fair settlement on your own. Being informed is your first line of defense. Having legal support is your second.

When your case is more complex, working with an attorney can make all the difference. On average, personal injury victims get 3.5x lower settlements if an attorney does not represent them.

If you aren’t sure if you need an attorney to help you in your personal injury claim, think about this:

• Were you hospitalized after the accident or needed emergency surgery?
• Are you or have you undergone long-term treatment, such as physical therapy, injections, or specialist visits?
• Have you missed days, weeks, or even months of work because of the accident?
• Are you facing a permanent injury that affects your daily life, ability to earn a living, or mental well-being?

In severe cases, the risk of being underpaid goes up, and hiring an attorney is your best bet for getting what you deserve. An experienced New Orleans car accident lawyer can help you understand the full value of your claim, deal with the insurance company, and make sure nothing is missed.

At AKD Law, our legal team understands how insurance adjusters operate in the New Orleans area. If you’re unsure whether the offer is fair, we can help you take the next right step.

Frequently Asked Questions

What is considered a lowball offer from an insurance company?

A lowball offer is one that significantly underestimates the full cost of your injuries, lost income, and suffering. It’s often the first offer and meant to settle quickly and cheaply.

Can I negotiate a car accident settlement on my own?

Yes, but not always the best course of action, especially for serious injuries. Without legal support, it’s easy to overlook key damages or fall for an insurance company’s tricks.

What should I include in a counteroffer or demand letter?

Documented proof of medical expenses, property damage, missed income, and non-economic damages like pain and suffering. Keep it factual and organized.

Do insurance companies always offer low settlements first?

Not 100% of the time, but it is common practice. They assume many claimants don’t know the full value of their case or feel pressure to settle quickly.

If You’re Unsure of Your Settlement Offer, Call Alvendia, Kelly & Demarest Law

You don’t get a second chance to settle your claim. A lowball settlement offer after a car accident may seem tempting when bills are piling up, but taking the wrong offer now can create long-term financial stress later.

At Alvendia, Kelly & Demarest Law Firm, we’ve helped countless accident victims throughout New Orleans push back against unfair insurance tactics and secure the compensation they truly deserve. If you’re unsure whether your offer is fair or how to fight it, reach out for a free consultation. We’ll help you understand your rights and make the right next move without pressure or confusion.