Is this a lowball settlement offer?

by Tammy

We were rear ended while riding in our car. My son did not go to the doctors until 2 days after the accident. He was still sore 7 days after the accident. His medical bills and cost of prescriptions totaled $978.48; the at-fault driver's insurance company is offering $1,928.48.

I think the insurance company is low balling my son with this settlement offer? Any suggestions?

Visitor Question:
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ANSWER for "Is this a lowball settlement offer?":

Tammy (VA):

The settlement offer seems a bit low. Depending upon the severity of a personal injury, and the extent of negligence assigned to a negligent driver, settlement offers can rage anywhere from 2x to 4x, 5x or higher the amount of the injured party's medical bills.

Your son sustained what is referred to as a "soft tissue injury." Soft tissue injuries normally don't settle for much more than 2, or at most 3 times the amount of medical bills.

You might consider going back to the insurance company and demanding $4000.00. That wouldn't be an unreasonable request, although it will surely be declined. By making that counter-offer you set a baseline, so to speak, of where you want the negotiations to begin. You can negotiate down from there.

If you demand much more than $4000.00 dollars you won't be taken seriously. To convince the insurance company to offer more than they are presently offering remind them of the severity of the pain and suffering endured by your son. Try an negotiate to $3000.00. For the type of injuries your son sustained, $3000.00 would be an excellent settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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