Partner at AKD Lawyers
Practice Areas: Personal Injury
If the insurance company offers less money than your car accident claim is worth, you can push back. Check what the offer covers, gather proof of your losses, and ask for a fair amount.
You do not have to accept the first offer, even if the insurance adjuster says it is final. A New Orleans car accident lawyer can review the offer and explain what to consider before you agree to a settlement.
This guide explains how to spot a low offer, negotiate with the insurance company, and protect your rights under Louisiana law.
What Makes a Car Accident Settlement Offer Too Low?
A settlement offer may be too low if it does not cover the losses caused by the accident.
Check whether the insurance company has included:
- Medical bills and future treatment costs
- Lost wages and reduced ability to earn money
- Car repair or replacement costs
- Physical pain and trouble with daily activities
- Emotional distress
For example, if your medical bills are already $10,000 but the insurer offers $8,000, you should look closely at how it calculated the offer. Medical bills alone do not decide how much your claim is worth.
The amount of insurance coverage and each driver’s share of fault can also affect how much you may receive.
Signs the Insurance Company’s Offer Needs a Closer Look
Look closely at a settlement offer if:
- The insurer offers a settlement before you complete treatment.
- The offer leaves out future medical bills or lost wages.
- The adjuster questions your injuries without checking your medical records.
- The insurer pressures you to sign quickly.
- The insurer doesn’t explain how it calculated the amount.
Ask the adjuster to explain the offer in writing. This can help you see what costs are missing and which parts of your claim the insurer disagrees with.
How to Respond to a Lowball Car Accident Settlement Offer
You can ask the insurance company for more money without filing a lawsuit right away.
- Review the offer. Check what costs the insurance company has agreed to cover and what it has left out.
- Gather proof. Collect medical bills, repair estimates, lost wage records, and other expenses.
- Ask for more. Send a written counteroffer with proof of your losses.
- Keep records. Save all communications with the insurance company.
- Read before signing. A final settlement may prevent you from seeking more money later.
If you are unsure whether the amount is fair, a New Orleans car accident lawyer can review your options and help you decide what to do next.
What Louisiana Law Means for Your Settlement
Louisiana law affects how much you can recover after a car accident and how long you have to file a claim.
Insurance company rules
Under Louisiana R.S. 22:1892, insurers must follow rules when handling claims and making payments. A low offer alone does not mean the insurer acted in bad faith.
Your share of fault
For accidents covered by the rules that took effect January 1, 2026, Louisiana law bars recovery if you are 51% or more at fault. If you are less than 51% at fault, your compensation is reduced by your share of the blame. Read more about comparative negligence.
The deadline to sue
For most personal injury claims from accidents on or after July 1, 2024, you have two years to file a lawsuit. Older accidents may have a one-year deadline. Exceptions may apply. See Louisiana car accident claim deadlines.
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Insurance Tactics to Watch For
|
What the insurer does |
What you can do |
| Makes a quick offer | Review all current and expected losses |
| Questions your injuries | Provide supporting medical records |
| Blames you for the crash | Compare the claim with available evidence |
| Requests a recorded statement | Understand your obligations before responding |
| Pressures you to sign | Review the release and its legal effect |
Keep discussions focused on the evidence rather than arguing with the adjuster.
When Should You Get a Car Accident Lawyer Involved?
Legal help may be useful when you have serious injuries, need long-term treatment, or cannot resolve a dispute about fault.
A lawyer can review the settlement calculation, investigate liability, communicate with the insurer, and explain whether filing a lawsuit is appropriate.
If you’re unsure whether the insurer has included your future medical expenses or other losses, a legal review can help identify what the offer leaves out.
Frequently Asked Questions
How many times can I negotiate a car accident settlement offer?
There is no set limit. You can make multiple counteroffers, but keep the lawsuit deadline in mind.
How long does an insurance company have to respond to a counteroffer in Louisiana?
There is no single deadline for every counteroffer. Louisiana law sets time limits for certain insurance duties.
Can I ask why the insurance company offered so little?
Yes. Ask the insurer to explain how it calculated the offer and why it left out or reduced certain costs.
What if the insurance company refuses to negotiate?
You can send more evidence, ask a supervisor to review the offer, or consider filing a lawsuit before the deadline.
Will a lawyer help me get a higher settlement?
A lawyer can help show your losses, challenge the insurer’s decisions, and negotiate for fair compensation. But a higher settlement is not guaranteed.
Talk to a New Orleans Car Accident Lawyer
A low settlement offer can leave you unsure whether it fully covers your medical expenses and other losses.
Alvendia, Kelly & Demarest Law Firm helps injured people in Louisiana review car accident claims, challenge disputed fault assessments, and evaluate settlement offers.
Call (504) 618-1601 or request a free consultation to discuss your claim.
Reviewed by Roderick “Rico” Alvendia, 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.





