Do not accept a lowball settlement offer right away. Review it in writing, gather medical records and other evidence of your damages, and send the insurance company a written counteroffer that explains why your claim is worth more. If the adjuster will not negotiate fairly, a personal injury attorney can push back on your behalf.
If you were hurt in a car accident someone else caused, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Car insurance companies often open with a lowball offer well below what an Oklahoma car accident claim is actually worth, hoping you will accept before you understand the full extent of your damages.
Common Tactics Behind a Low Settlement Offer on an Injury Claim
Insurance adjusters use several strategies insurance companies use to reduce claim payouts, including:
- Offering a quick settlement before your injuries and losses are fully known.
- Downplaying your injuries or suggesting they came from a pre-existing condition.
- Shifting blame for the crash onto you, even when the other driver was at fault.
- Requesting broad documentation, sometimes including records from your phone, hoping to find a reason to cut the offer.
How to Respond to a Low Settlement Offer from the Insurance Company
To respond effectively to a low settlement offer, take these steps:
- Respond calmly and in writing. Keep your communication professional.
- Review the offer carefully. Understand what the insurance company is proposing, and what it leaves out.
- Gather your evidence. Medical records, the police report, photos, and witness statements.
- Calculate your full damages. Medical bills, lost wages, property damage, and pain and suffering, not just the amount you have paid so far.
- Send a written counteroffer based on your damages calculation, with supporting evidence attached.
- Be ready to negotiate further. It can take more than one round to reach a fair settlement. If the insurer will not move, consider talking with an experienced personal injury lawyer like Clayton Hasbrook, or filing a lawsuit.
When a Low Offer May Signal Bad Faith on a Personal Injury Claim
Oklahoma law requires an insurer to attempt a prompt, fair, good faith settlement once liability is reasonably clear, and to send a written offer or rejection within 60 days of your proof of loss (36 O.S. § 1250.5; 36 O.S. § 3629). Unexplained delay, a refusal to explain how your claim was valued, or repeated lowball offers with no real attempt to negotiate can signal bad faith. If that is happening, Oklahoma law lets you pursue a separate bad faith insurance claim against the insurer, and you can file a complaint with the Oklahoma Insurance Department.
Is there a deadline for responding to a settlement offer in Oklahoma?
Oklahoma does not set a specific deadline for responding to a settlement offer itself, but do not wait too long. Once you accept an offer, you typically sign a release that ends your ability to seek more money for the same accident, so respond only once you know your full damages. The deadline that matters most is the lawsuit deadline: most personal injury claims must be filed within two years of the accident (12 O.S. § 95). If the insurer keeps delaying, an attorney can help you get suit filed before that deadline passes.
What if the insurance company denies my claim entirely?
If the insurance company denies your claim outright, you may need to file a lawsuit to recover what you are owed. An experienced personal injury attorney can guide you through that process and represent you in court, often the only way to hold an insurer accountable.
How much should I request in my counteroffer?
Your counteroffer should reflect the full value of your claim: medical bills, future care, lost wages, property damage, and pain and suffering. See the Insurance Information Institute for general background on how insurers evaluate claims. An attorney can help you calculate an appropriate number for your case.
How can I afford an attorney if I’m already struggling financially?
Many personal injury attorneys, including those who handle car insurance claims on a contingency basis, only get paid if you recover a settlement or verdict, so you get legal help without paying anything upfront. Ask any attorney about their fee arrangement before you hire them.
How long does the negotiation process typically take?
Negotiations can take a few weeks to several months, depending on your case and how willing the insurer is to negotiate in good faith. It often takes several rounds of offers and counteroffers to reach a fair number. If the insurer will not budge, filing a lawsuit may be your best option.
Can I handle the negotiation process on my own, or do I need an attorney?
You can negotiate on your own, but most people get a better result with an experienced personal injury attorney. The team at Hasbrook & Hasbrook knows how adjusters value claims, how to push back on a lowball number, and how to keep you from signing away your rights before you understand what your claim is worth.
What if I am partially at fault for the accident?
In Oklahoma, being partially at fault does not automatically bar you from recovering damages. Under the state’s comparative negligence law, you can still recover as long as your share of fault is 50 percent or less; recovery is barred only once your fault exceeds that share (23 O.S. § 13; 23 O.S. § 14). If you recover, your damages are reduced by your percentage of fault. For example, if you are found 20% at fault and your damages are $100,000, you would recover $80,000. An attorney can help you assess how fault may affect your case.
