A few days or weeks after a crash, the other driver's insurer may call with an offer. It can be tempting, especially if bills are piling up. Before you say yes, it helps to understand what you would be giving up.
This is general information, not legal advice. We don't comment on what any specific claim is worth.
Why first offers are often low
Insurers usually price early offers on what is documented at the time. That may leave out:
- Future medical treatment, therapy or surgery
- Symptoms that haven't fully appeared yet
- Lost earning capacity if you can't return to the same work
- Pain, emotional distress and loss of enjoyment of life
- Costs that come later, such as follow-up imaging
Read how much is my car accident claim worth for the factors that drive value.
What signing a release means
To get paid, you will usually sign a release that ends every claim from the accident, forever. If your back pain turns out to need surgery next year, you generally can't go back for more. Read the release carefully before signing anything.
Questions to ask before accepting
| Question | Why it matters |
|---|---|
| Have I finished treatment or reached maximum medical improvement? | Future costs are hard to predict before then |
| Does the offer cover every bill and lost paycheck so far? | Documented losses are the floor, not the ceiling |
| Have I counted future treatment and time off work? | These are often missing from early offers |
| Who else has a claim on the money? | Health insurers or medical providers may need to be repaid |
| How long until the lawsuit deadline? | Negotiating doesn't pause the deadline |
How to respond to a low offer
- Don't accept on the phone. Ask for the offer in writing.
- Gather records: medical bills, treatment plans, proof of lost income.
- Write a response explaining why the offer doesn't cover your losses.
- Make a counteroffer backed by documents, or ask an attorney to negotiate for you.
- Keep notes of every call: date, name and what was said.
When to get an attorney's review
If you were injured, are still treating, or the offer feels rushed, an attorney's review is often worthwhile before you sign. Most car accident attorneys offer a free consultation and work on contingency. Read how contingency fees work and how long a car accident settlement takes.
Not sure whether to accept? Start a free case review. If your case may qualify, we connect you with an independent attorney in your state.