Should You Accept the Insurance Company's Offer?

After a crash, money problems can pile up fast. Your vehicle may be stuck at a tow yard or repair shop. You may need a rental car, miss time at work, and start receiving medical bills. Then the phone rings and the insurance company makes an offer. Should you take it? Attorneys often give the same answer: it depends.

In some cases, an early settlement is reasonable. In others, it is not. The issue is that many accident victims focus on the number without considering what they are giving up in return. A $10,000 offer soon after a collision may sound substantial, but what happens if you later need more treatment, your symptoms continue, or you miss far more work than expected?

A settlement usually includes a release of claims. Once you accept the money and sign that release, you generally cannot return months later and say, “I didn’t realize my injury was this serious.” That is why timing is so important.

Before settling an injury claim, you should usually have a clear understanding of your diagnosis, treatment, prognosis, and damages. That does not mean every accident case should drag on for years. It means you should not give up a claim before you understand what it is worth.

Another key question is: what does the settlement actually cover? Property damage? Bodily injury? Medical expenses? Lost income? Pain and suffering? Possible reimbursement claims or medical liens?

Do not assume a check is “extra money” until you understand the documents that come with it. Read everything before signing, and ask questions if something is unclear.

Never let embarrassment keep you from saying, “I don’t understand this.” There is no prize for signing legal papers quickly.

Insurance adjusters review claims every day. Most accident victims will deal with only one major injury claim in their lives. That difference in experience matters.

Before accepting an offer, ask yourself: Have I finished treatment? Do I know whether more treatment is likely? Have all medical bills been identified? Have I documented lost wages? Do I understand whether health insurers or medical providers may seek reimbursement? Do I know the applicable insurance coverage? Has anyone qualified evaluated the long-term impact of my injury?

And perhaps most importantly: am I accepting the offer because it is fair, or because I need money right now? Financial pressure can make a quick settlement look attractive, and insurance companies understand that.

There is nothing wrong with resolving an accident claim early when the circumstances support it. The problem comes when an injured person agrees to a permanent settlement before fully understanding the injury.

I have said throughout my career that you may not need a lawyer. But before signing a release involving a significant injury, it makes sense to understand your rights. The insurance company knows what the release means. You should too, so call a lawyer.

My advice: avoid billboard lawyers, also known as “mill” lawyers.

My practice is built on referrals, not advertising. Expecting excellent results from an advertising-heavy law firm is a little like expecting luxury linens at Motel 6. Some “mill” attorneys cannot count to three without getting two numbers wrong, and their promises about what they will do for you are lies that have not happened yet. Some of these lawyers will tell you on day one how much your case is worth. That is impossible, because no one can know how long your treatment will last, how you will recover, or what your past and future wage losses will be. Ethical and experienced trial lawyers do not claim to know facts that are still unknown.

Billboards do not win cases; lawyers do. Catchy slogans and easy-to-remember phone numbers may look appealing, but they can also be misleading. Many heavily advertised firms are no longer run by the lawyer whose name appears on the sign. In some cases, that named attorney is deceased, retired, or no longer practicing, as seen with Larry H. Parker and Jacoby & Meyers.

For more than 30 years in the Coachella Valley, I have given callers the same advice: you may not need a lawyer. Sometimes a claim is small enough to handle on your own. But do not unknowingly damage a valid claim before learning your rights. The choices made in the first days after an accident can affect the entire case. Do not let the biggest mistake be the easiest one to avoid.

For a free 360° accident case evaluation, contact Dale Gribow at 760-837-7500 or [email protected]. If I am not the right lawyer for you, I will try to help you find someone who is. Honestly.

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Palm Desert Attorney Dale Gribow Career ACCIDENT | DUI | Honors |40 Top Lawyer | 5-Star | 10.0 Superb| AV Pre-eminent | 5 Dale Gribow Days | 10 Man of the Year | 1000 Legal Columns | Dubbed “Mr. Charity”- recognizing dozens of legal/philanthropic awards.