How To Fight Back Against Lowball Insurance Estimates

If you've been in a car accident and think your insurance company is offering a lowball estimate, there are a few things you can do. Firstly, don't immediately accept the offer or cash any cheques without getting a second opinion. Seek out an auto body repair expert to assess the damage and provide an estimate for repairs. This will help you determine if the insurance company is undervaluing your claim. If they are, you can then gather evidence, including medical records, employment records, accident reports, and proof of damages, to support your claim. You can also consult an attorney, who can assist you in negotiating a fair settlement and protecting your legal rights. It's important to remember that you have the right to reject a lowball offer and seek a higher amount to cover the cost of repairs and any other related expenses.

Seek legal advice from an attorney

If you've been in a car accident and received a lowball offer from the insurance company, seeking legal advice from an attorney can be a crucial step to protect your rights and ensure you receive fair compensation. Here are some reasons why:

Knowledge and Experience:

Personal injury attorneys have extensive knowledge of the law and experience handling insurance claims. They understand the tactics insurance companies use to lowball claimants and can effectively counter these strategies. They will guide you through the complex process of negotiating with the insurance company and ensure your best interests are represented.

Evidence Gathering and Claim Evaluation:

Attorneys can assist in gathering crucial evidence to support your claim. This includes medical records, police reports, witness statements, repair estimates, and more. They will also help you understand the value of your claim by evaluating economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and mental anguish.

Communication and Negotiation:

Communicating and negotiating with insurance adjusters can be challenging. Attorneys know how to respond to lowball offers effectively. They will review the insurance policy, ask for specific details from the adjuster, and send a detailed counteroffer supported by evidence. Their involvement demonstrates to the insurance company that you are serious about obtaining fair compensation.

Filing a Lawsuit:

If negotiations with the insurance company fail to result in a fair settlement, an attorney can help you file a lawsuit in civil court. They will guide you through the legal process, represent you in court, and work to achieve the best possible outcome for your case.

Peace of Mind:

Dealing with the aftermath of a car accident is stressful enough without having to worry about insurance claims. Hiring an attorney allows you to focus on your recovery while they handle the legal aspects of your case. They will answer your questions, provide support, and give you peace of mind knowing that experienced professionals are fighting for your rights.

Remember, you are not required to accept a lowball insurance offer. Seeking legal advice from an attorney can help you understand your options, navigate the claims process, and improve your chances of receiving fair compensation for your losses.

Get an independent assessment

If you've been in a car accident and received a lowball estimate from your insurance company, it's important to know your rights and options. One key step is to get an independent assessment to ensure you're not being cheated or undervalued.

Firstly, do not accept the lowball settlement as "partial payment". Once you accept any settlement, your claim is finalised, and you may lose out on receiving the full compensation you are entitled to. Instead, consider getting an independent assessment from an auto body repair shop or an auto accident lawyer. They can provide a more accurate estimate of the damage and help you understand your rights and options.

In the case of auto body repair shops, they can give you a detailed breakdown of the repairs needed and their associated costs. This information can then be presented to the insurance company to negotiate a higher settlement. It is recommended to get this assessment before agreeing to any insurance payout to avoid accepting a lowball offer.

Auto accident lawyers can also be a valuable resource. They can deal with the insurance company on your behalf and help you navigate the legal process, especially if you need to file a lawsuit. Additionally, insurers tend to treat claimants with legal representation differently and may be more inclined to offer more substantial compensation. Some lawyers even offer free consultations to discuss your options.

It's important to remember that insurance companies are businesses that aim to protect their profits by minimising payouts. Therefore, they may use tactics like photo estimation apps to limit the apparent damage and justify lower compensation. By obtaining an independent assessment, you can ensure you have a comprehensive understanding of the damage and the true cost of repairs.

In summary, if you feel you're being lowballed by your insurance company, don't hesitate to seek an independent assessment. It can provide valuable evidence to support your claim and help you negotiate a fairer settlement. Remember, you have the right to fight for the compensation you rightfully deserve.

File a Property Arbitration claim

If you've received a lowball estimate from your insurance company, one option is to file a Property Arbitration claim in the appropriate county. This typically involves a nominal administrative fee of a few dollars and can result in a better outcome for you, approaching the fair market value for your vehicle. Even just filing the claim will often result in an increased offer from your insurance adjuster.

Arbitration is a way for parties to resolve differences without going to court. It is a form of alternative dispute resolution (ADR) and can be voluntary or mandatory. In the context of a car accident, arbitration involves a hearing where you and the insurance company present information about your claim to a neutral person, called an "arbitrator", who then decides the outcome. The findings of an arbitrator are typically legally binding and final.

• Check your insurance policy: Most companies offer either arbitration or appraisal services to help settle differences and disputes. Your insurance policy will explain these options and any relevant clauses.
• Contact an arbitrator: Get in touch with an independent arbitrator who has experience in insurance matters. Your insurance company may suggest an arbitrator, or you can source your own through organisations such as the American Arbitration Association.
• Understand the process: Arbitration hearings are less formal than court hearings but follow a similar structure. Both sides present their case to the arbitrator, including opening statements, witness testimonies, evidence presentation, cross-examination, and closing remarks. The arbitrator then decides how to resolve the dispute.
• Prepare your case: Organise your documents, including medical records, pay stubs, photos, drawings, and diagrams. Anticipate the other side's arguments and prepare rebuttals. If necessary, prepare witnesses and write down questions for them.
• Attend the hearing: Introduce yourself and present your case to the arbitrator, detailing your injuries, losses, and requested compensation. The insurance company will then present their case. Both sides can present witnesses and documents, and question each other's witnesses.
• Receive the decision: You will receive the arbitrator's decision in writing, usually within 14 to 30 days after the hearing. This decision is typically final and cannot be appealed.

Gather evidence to support your claim

If your insurance company is lowballing you, it is likely because they are a business committed to protecting their bottom line. Profits suffer when they pay out large sums. However, if you have received a lowball offer, there are several steps you can take to gather evidence to support your claim and negotiate a better settlement.

Firstly, you should seek help from an attorney. Hiring a lawyer can get insurance company representatives to take you more seriously and offer more substantial compensation. Your attorney will be able to deal with the insurance company on your behalf and assist you with the following steps.

Secondly, you should determine whether the offer is actually a lowball offer. Is the insurance company offering less than the total costs you have already incurred, or do you simply feel like you are entitled to more? You need to be careful not to reject an offer that adequately compensates you for your losses.

Thirdly, you should gather evidence to prove your claim. This could include medical records, employment records, and other documentation that demonstrates the extent of your accident-related losses. Evidence that the accident was not your fault will also strengthen your case. This could include witness statements, photographs of the accident scene, and video footage.

Finally, be prepared to keep negotiating, and be ready to go to court if necessary. Your attorney can advise you on future settlement offers and guide you through the process.

Remember, it is important to protect your legal rights and not let the insurance company decide what they will pay. By gathering evidence and asserting your rights, you can collect the money you need to get back to your normal life.

Negotiate or file a lawsuit

If you believe your insurance company has given you a lowball estimate, there are several steps you can take to negotiate or, if necessary, file a lawsuit.

Negotiate

Firstly, it's important to determine whether the settlement offer is actually a lowball offer. Is the insurance company offering less than the total costs you have incurred, or do you simply feel you are entitled to more? If the latter, be careful not to reject an offer that adequately compensates you for your losses.

If you are certain that the offer is too low, you can negotiate with the insurance company. Get a written estimate from a professional body shop or your own trusted mechanic to show that your vehicle is worth more than the appraisal. You can also use online tools to get a ballpark value of your vehicle and find comparable vehicles for sale in your area. Ask for your Certified Collateral Corporation (CCC) report, and check that your vehicle's features and trim level are listed correctly.

If the insurance company continues to lowball you, get help from an attorney. Insurers treat claimants who retain an attorney differently from those without representation. Hiring a lawyer can get insurance company representatives to take you seriously and offer more substantial compensation.

File a lawsuit

If negotiating with the insurance company is unsuccessful, you may need to file a lawsuit. Before doing so, make sure you have gathered all the evidence you need to prove your claim. This includes medical records, employment records, and other documentation that demonstrates the extent of your accident-related losses.

You may also want to consider alternative dispute resolution, which uses mediation with a neutral third party to settle disputes outside of court.

Frequently asked questions