Partner at AKD Lawyers
Practice Areas: Personal Injury
Getting a settlement offer after a crash can be a relief, especially when medical bills and other expenses are piling up. Then you look at the number and realize it does not come close to covering what you have lost.
Do not feel pressured to accept it just because the insurer sent it. You can review the offer, check what it leaves out, and decide what to do next. A New Orleans crash injury lawyer can also review the offer before you agree to anything.
What Makes A Settlement Offer Too Low?
There is no single number that makes an offer a lowball settlement. It depends on your injuries, treatment, lost income, property damage, and other losses from the crash.
An offer may be too low if it leaves out things such as:
- Medical treatment you still need
- Lost wages
- Future medical expenses
- Pain and suffering
- Emotional distress
An early offer can also be misleading. You may not know the full extent of your injuries yet.
Signs The Insurer’s Offer Needs A Closer Look
Some offers raise questions right away. For example, the insurer may send one before you have finished treatment or before your doctor knows how long you will need care.
Pay attention if:
- The offer arrives soon after the accident.
- It does not account for ongoing treatment.
- The adjuster questions your injuries without reviewing your full medical records.
- You are told the offer is “final” and need to decide quickly.
You do not have to accept an offer simply because an adjuster says it is the best one available.
What Louisiana Law Means For Your Claim
Louisiana’s rules can affect how much you can recover and how long you have to take legal action. For crashes on or after January 1, 2026, modified comparative fault applies under La. Civ. Code art. 2323. Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you generally cannot recover.
Louisiana also requires insurers to follow certain claim-handling rules under La. R.S. 22:1973. An insurer that acts in bad faith can face penalties.
There is also a filing deadline. For crashes on or after July 1, 2024, La. Civ. Code art. 3493.11 generally gives you two years from the date of injury to file a lawsuit.
What To Do Before Accepting An Offer
Compare the offer with your actual losses. Gather your medical bills and records, proof of lost income, repair estimates, and other accident-related expenses. If you are still receiving treatment, find out what care your doctor expects you to need.
Then compare those records with what the insurer is offering.
If important losses are missing, respond with documents that support them and explain why you believe the offer should be higher. Keep your communication with the insurer in writing when possible.
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Insurance Tactics To Watch For
|
What the insurer does |
What you can do |
| Makes a quick offer | Review it before accepting |
| Questions your injuries | Provide medical records |
| Blames you for the crash | Check the evidence and fault allocation |
| Asks for a recorded statement | Consider getting legal advice first |
You do not need to argue with the adjuster. Stick to the facts and keep records of what you send and receive.
When A Lawyer Can Help
A lawyer may be worth considering when your injuries are serious, treatment is ongoing, or the insurer is disputing fault or the value of your claim.
This can also help when you are unsure whether the settlement covers everything you may be entitled to recover. A lawyer can review the offer, look at the evidence, and deal with the insurer on your behalf.
Frequently Asked Questions
Why do insurers make low settlement offers?
An early offer may be based on limited information about your injuries and losses. The insurer may also dispute part of the claim or how much certain damages are worth.
How do I know if my settlement offer is too low?
Compare it with your medical expenses, lost income, property damage, and other losses. If important costs are missing, the offer may not reflect the full value of your claim.
Can I negotiate a car accident settlement myself?
Yes. You can respond to the insurer and provide documents supporting your claim. For more serious or disputed claims, legal advice can help.
What if I already received a settlement offer?
Do not assume you have to accept it. Review the terms and make sure you understand what rights you may give up by signing.
How long do I have to file a car accident lawsuit in Louisiana?
For crashes on or after July 1, 2024, the general deadline is two years from the date of injury under La. Civ. Code art. 3493.11. Different rules may apply in some situations.
Talk to a New Orleans Car Accident Lawyer
A settlement offer is not the same thing as knowing what your claim is worth. If you have received an offer and are unsure whether it covers your losses, Alvendia, Kelly & Demarest can review the situation and explain your options.
Call (504) 200-0000 for a free consultation. No fee unless we win. Start here.
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.
