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.

Insurance adjuster inspecting car damage during a settlement assessment.

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.

  1. Review the offer. Check what costs the insurance company has agreed to cover and what it has left out.
  2. Gather proof. Collect medical bills, repair estimates, lost wage records, and other expenses.
  3. Ask for more. Send a written counteroffer with proof of your losses.
  4. Keep records. Save all communications with the insurance company.
  5. 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.

Get Your Free Consultation

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.

Car accident lawyer reviewing and signing legal settlement documents.

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.

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.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

View all
SCHEDULE A FREE CONSULTATION