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Negotiating a Car Accident Settlement: How to Get More Than the Minimum Offer

By Attorney James Whalen | Published on August 28, 2024

A car accident can leave you with significant damages, making a fair settlement critical for your case. Negotiating a car accident settlement is unlike any other negotiation process. The stress and pressure of your damages caused by the negligence of an insurer’s client is unwarranted, and a minimum offer settlement is insulting and less than you deserve.

If you or a loved one suffered severe harm due to a careless driver, you may want to discuss your case with a South Carolina car accident attorney soon.

Understanding the Insurance Company’s Tactics

Insurance companies seek to protect their profits — not yours.

Most people do not deal with an insurance company every day. It is not until careless drivers turn their lives upside down that they experience insurance company headaches, roadblocks, and deterrents.

A quest for compensation for your devastating damages should be easy; it is not. As for-profit businesses, insurance companies use various tactics to protect their bottom line. The word tactic is defined as a specific action intended to get a particular result. Insurance companies commonly use the following tactics in civil cases:

  • Accuse you of causing the accident
  • Denying liability and your claim
  • Offering a low sum settlement
  • Pressuring a victim to accept a settlement
  • Discourage you from contacting a lawyer
  • Being overly friendly to an accident victim
  • Avoiding an accident victim’s calls
  • Turn your words against you.

Car accident victims often find themselves in a financial bind as medical bills mount, and they are unable to work. Insurance companies know this and pressure victims to accept an unfair settlement when they are most vulnerable. While an initial settlement offer may seem like the answer to your dreams, it can actually make your life a nightmare later.

Acceptance of a settlement closes your claim and the door to future litigation. If you develop complications from your accident injuries in the future, there is no path for additional compensation. An initial settlement offer is a financial band-aid that does not consider your future medical needs.

Settlement pressure has no place in a trauma center, hospital, rehabilitation center, or home. If you feel under pressure from an aggressive insurance adjuster, consider contacting a lawyer without delay.

Preparing for Car Accident Claim Negotiations

Preparation is essential for the negotiation process.

An insurance company does its homework about your accident before offering a settlement. They aim to avoid paying more than they have to, if they pay any compensation at all. You, too, can prepare for car accident claim negotiations by providing your attorney with as much information as possible. Your attorney can then prepare for claim negotiations by reviewing such evidence as:

  • Police report about your car accident
  • Accident scene photographs and video
  • Witness statements and contact information
  • Medical reports relating to your injuries
  • Proof of lost wages due to time away from work.

Your attorney may visit the accident scene, interview witnesses, and contact expert witnesses. While the goal is to negotiate a settlement outside of court, your attorney will proceed to trial if and when it is necessary.

Negotiation Strategies to Maximize Car Accident Settlements

An attorney can help by focusing on your damages.

The damages you suffered due to another driver’s negligence are at the heart of your personal injury claim. A car accident attorney uses your damages as a negotiating tool to maximize a possible settlement.

Medical costs are astronomical regardless of whether you are insured. The long-term costs associated with your care are essential in maximizing your car accident settlement. Examples of anticipated expenses throughout a victim’s lifetime include:

  • Replacement of medical devices, like power chairs for mobility
  • New and costly prescription medications as new drugs are developed
  • Home repairs or modifications for medical devices and accessibility
  • Mental health assistance such as therapy due to pain and suffering
  • Long-term care costs of a skilled nursing facility if a family cannot continue in-home care.

Maximizing car accident settlements during negotiations with an insurer is best left to an attorney. Accident victims should instead focus on family and recovery.

Additional Tips for Negotiating Car Accident Claims

Other considerations for successful negotiations.

The steps you take following your car accident can gravely impact the negotiation process. Filing a personal injury claim is a civil legal matter. A lawsuit is also possible if the negotiation process proves unsuccessful or a trial is a better route.

Additional tips for the negotiation claims process and protecting your right to a lawsuit include:

  • Do not speak with insurance representatives. Refer them to your attorney.
  • Keep information about your accident off social media. An insurance company may use something you post against you.
  • Contact an attorney as soon as possible so your lawsuit reaches the court promptly. The statute of limitations sets firm timelines for civil litigation.

Your attorney can provide additional tips for the negotiation process. They will facilitate the negotiations on your behalf and keep you informed.

Whalen Montalvo Attorneys at Law

South Carolina car accident negotiators.

At Whalen Montalvo Attorneys at Law, we know how to negotiate for what our clients deserve. Insurance company tactics are no match for James Whalen and Eric Montalvo. Most South Carolina car accident cases settle out of court, making the negotiation process even more critical. For cases where a settlement does not seem possible, both James and Eric have litigation skills and experience.

The ultimate goal, either through negotiations or at trial, is to secure the best possible outcome of your case. Whalen Montalvo Attorneys at Law have a proud reputation as firm negotiators who have helped clients pursue justice.  You owe it to yourself to contact Whalen Montalvo Attorneys at Law today. Call (864) 770-7710 to schedule a free consultation.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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