You can respond to a low insurance settlement offer in South Carolina. In order to effectively push back, you would send a formal counteroffer letter that cites facts, medical bills, and state law to demonstrate the true value of your injuries.
South Carolina law gives personal injury victims the right to seek compensation for medical bills, lost wages, and pain and suffering. If you were hurt in an accident in Greenville, you must present the insurance company with factual evidence supporting your calculation of your damages.
The Greenville personal injury lawyers at David R. Price Jr., P.A. help injured people in Greenville fight back against low insurance offers. Our office stands ready to review your claim and build a strong strategy for your case.
Why Do Insurance Companies Make Low First Offers?
Insurance adjusters start low because it saves their company money. Their job is to close your claim for as little as possible, and so pressuring people to accept a quick, small check can help them resolve the claim for less than its true value.
Insurance adjusters also count on timing. Many people are hurt, out of work, and behind on bills after a wreck. A fast offer can feel like a rope thrown to someone that is drowning financially. Insurers know this and use people’s financial pressures to the companies’ advantage.
Sometimes insurance settlement offers come before you even know how badly you are hurt. Injuries like whiplash, a concussion, or a back injury can take weeks to develop. If you settle too early, you pay for that later care yourself.
Adjusters also make low initial offers because they expect you to negotiate. If they start with a high number, they have no room to move down. If you accept their first low offer, they will close the case permanently and can save the insurance company thousands of dollars.
Why You Should Never Accept the First Offer
A settlement agreement is final. When you sign a settlement agreement, you waive your right to file a lawsuit or seek additional funds. If you discover next month that you need another surgery, you must pay for it out of your own pocket.
First offers also miss the full picture of damages. A fair number should pay for every loss, both the economic losses you can add up and the other “human” non-economic losses you cannot calculate with precision.
Economic losses are the bills you can prove: medical care, future treatment, lost pay, and vehicle damage. Non-economic losses cover pain, stress, and the inability to enjoy things you can no longer do. Early offers usually leave that second group out, and can fail to account for economic losses that have not been incurred yet.
South Carolina uses a fault system for auto accidents. This means the at-fault driver is responsible for your losses. If you accept a quick check, you are letting the at-fault driver’s insurance company off the hook for a fraction of what they actually owe you under the law.
Costly Mistakes to Avoid After a Personal Injury
A few common errors can wreck a strong claim:
- Settle Before You Know Treatment Costs: Wait until a doctor tells you that you are done treating before you try to settle your case, otherwise you cannot identify all of your economic losses.
- Give a Recorded Statement: Adjusters often ask for a recorded statement early, before you have been able to fully consider your damages. Anything you say in your statement can be used against you to reduce your payout. You are allowed to say no.
- Admit Fault: South Carolina follows a rule called modified comparative negligence under S.C. Code Section 15-38-15. If you are more than 50 percent to blame for the accident that caused your injuries, then you will recover nothing. If you share some blame, your money is reduced by your share. Never admit fault at the scene or on the phone.
- Post on Social Media: A photo of you smiling or lifting a box can be twisted to make it seem like you are fine.
- Miss a Short Deadline: Claims against a city, county, or state agency fall under the South Carolina Tort Claims Act, which imposes a statute of limitation of only two years under S.C. Code Section 15-78-110.
How to Respond to a Low Settlement Offer
Your response to a low settlement offer matters. To create a strong counteroffer to an insurance company’s offer of settlement, your claim must be based on facts and evidence and supported by documentation. Do not just say you want more money. You must prove why their number is wrong.
First, evaluate the offer to see what it covers. Look at the breakdown of economic damages, like medical bills, and non-economic damages, like pain and suffering. Identify exactly where the insurance company has undervalued your claim.
Next, draft a formal written response to the low settlement offer. In this letter, point out the specific facts the adjuster ignored. Mention the clear liability of their insured driver, your specific medical diagnoses, and the total amount of your financial losses.
State a specific counter settlement offer amount in your letter. This number should be higher than the insurance company’s low offer. Give them a reasonable deadline to respond to your written counteroffer.
Calculating the True Value of Your Personal Injury Claim
A proper counteroffer should account for and include all expenses incurred as a result of the accident. Gather all medical invoices for the ambulance ride, emergency room visit, doctor’s appointments, physical therapy sessions, and prescription medications.
Calculate and document your lost wages by obtaining a verification letter from your employer. This letter should state your hourly wage or salary and the exact number of hours you missed because of your injuries. If you cannot return to the same line of work, you can include lost earning capacity.
If your doctor states you need physical therapy for the next year, estimate those costs and add them to your counteroffer. Your total request must represent the complete past, present, and future impact of the accident. Often, it is better to wait until all treatment is resolved so that the medical expense calculations can be made with certainty rather than estimated.
The Benefits of Negotiating With a Lawyer
Negotiating legal claims on your own without a lawyer puts you at a disadvantage. Insurance adjusters negotiate claims every day, and they know how to pressure unrepresented people. They use legal terms and strict deadlines to make you feel like you have no choice but to accept their terms.
When you hire a personal injury lawyer, the dynamic changes. Lawyers understand the true value of injuries and cannot be misled by standard insurance tactics. A lawyer can gather expert opinions, interview witnesses, and prepare your case for court.
If the insurance company refuses to make a fair offer, a lawyer can file a formal lawsuit in the South Carolina court system. The insurance company will not be particularly concerned that you will file a lawsuit unless you are represented by a lawyer. Knowing that a law firm is ready to go to trial often forces the insurance company to raise their offer significantly during the negotiation phase.
Contact Our Personal Injury Lawyers
A low offer is not the end of your case. It is the start of a negotiation. If an insurer sent you a low number, talk to us before you sign anything. David R. Price Jr., PA will review the offer and walk you through your choices.
Call 864-271-2636 to speak to our personal injury lawyers to request a free consultation. We serve every part of the city of Greenville. That includes these zip codes: 29601, 29602, 29605, 29606, 29607, 29609, 29611, 29612, 29614, 29615, and 29616.
We also serve the surrounding counties in the Upstate, including, but not limited to, Spartanburg, Anderson, Pickens, Oconee, Laurens, Greenwood, and Abbeville Counties.
No matter which part of the Greenville area or the Upstate you call home, we are here to support you. You can easily reach out to our office to talk about how to respond to a low settlement offer for your personal injury. We will guide you through every step of the legal process.
FAQs
Can I change my mind after accepting a low settlement offer?
No. Once you accept an offer by signing the settlement document and cashing your check, the agreement becomes a binding legal contract. The insurance company will not give you more money, even if you find out later that your injuries are worse than you thought. This is why you must review the offer carefully before accepting it.
What should I do if the insurance company rejects my counteroffer?
If the insurance company rejects your counteroffer, they may make a slightly higher counteroffer of their own, or they may stick to their original low number. If negotiations stall, your next step is to consult a personal injury lawyer who can evaluate whether to file a lawsuit in court to seek fair compensation.
Can the insurance company lower their offer if I reject it and counter?
Technically, when you reject a settlement offer and submit a counteroffer, the original offer is taken off the table. The insurance company could legally choose to offer less money or stand firm on their position. In practice, insurance companies rarely lower their initial offer during active negotiations unless new evidence emerges that shows you were at fault for the accident or that your injuries were pre-existing.