You’ve been waiting months for the insurance company to make an offer. Your medical bills have reached $15,000, you’ve missed six weeks of work, and your car needed $8,000 in repairs. Then the adjuster calls with their “final offer”: $12,000 for everything.
The math doesn’t work. The offer barely covers your medical expenses, ignoring your lost wages, pain and suffering, and the ongoing physical therapy your doctor recommended. You’re wondering if the insurance offer is too low and what you can do about it.
The answer is yes, you can sue when an insurance settlement offer falls short of covering your actual damages. When insurance companies undervalue claims, Washington law allows accident victims to pursue full compensation through the courts. See what steps you can take to get a fair settlement.
Why Insurance Companies Make Low Settlement Offers
Insurance adjusters work for their company’s bottom line. They know many accident victims will accept the first offer rather than fight for more money. This strategy saves insurance companies millions of dollars annually at the expense of injured people who deserve fair compensation.
Adjusters use several tactics to justify low offers. They might claim your injuries aren’t as severe as medical records indicate, argue that you bear partial responsibility for the accident, or suggest that your medical treatment was excessive or unnecessary.
They also know timing works in their favor. Medical bills accumulate while you recover, creating financial stress that makes any offer look tempting. Adjusters count on this desperation to push you toward accepting less than your claim’s value.
Washington law requires insurance companies to handle all claims fairly and in good faith. When insurers make a habit of lowballing accident victims, they violate state law and expose themselves to additional legal liability.
Determining What Your Claim Should Cover
Before deciding whether an offer meets your needs, you must understand what your claim should include. In Washington, accident victims can recover economic and noneconomic damages from at-fault drivers.
Economic damages include medical expenses, lost wages, property damage, and future costs related to your injuries. These numbers come from bills, pay stubs, and medical opinions about ongoing treatment needs. If your injuries prevent you from returning to your previous job or reduce your earning capacity, those future losses count too.
Noneconomic damages cover pain and suffering, emotional distress, and loss of life enjoyment. Washington doesn’t cap these damages in most car accident cases, meaning the amount depends on how significantly your injuries have affected your daily life and long-term well-being.
Your total claim value includes both categories. An offer that only covers medical bills while ignoring lost wages, ongoing treatment, and pain and suffering is a sign that the insurance offer is too low.
Response to a Low Settlement Offer: Steps to Take
When you receive an inadequate settlement offer, you have several steps before filing a lawsuit. Start by documenting why the offer falls short. Calculate your actual economic damages using medical bills, wage statements, and repair estimates. Research awards for similar injuries to understand the average range for pain and suffering damages.
Present your analysis to the insurance adjuster in writing. Many adjusters increase offers when faced with detailed damage calculations and strong legal arguments. This process, called demand negotiation, gives insurance companies another chance to resolve claims fairly before litigation begins.
Set a firm deadline for the insurance company’s response to a low settlement offer. Tell them you’ll consider legal action if they don’t provide a fair offer in 30 to 60 days. An experienced attorney can handle these demand negotiations for you, presenting your case more effectively and often securing higher offers than insurance companies make to unrepresented claimants.
If negotiations fail to produce acceptable results, the next step is to file a lawsuit. Remember, you have three years from your accident date to file a lawsuit in Washington if demand negotiations break down.
Should You Sue When Settlement Offers Fall Short?
Filing a lawsuit does involve some upfront costs and time. Many attorneys work on contingency, so you won’t pay legal fees unless you win, but court filing fees and expert witnesses still cost money during the case.
That said, people who file lawsuits often recover more than those who accept the first settlement offer. Insurance companies know this, which is why they try to settle quickly and cheaply.
Your injuries matter when deciding whether to sue. If you’re dealing with permanent damage or chronic pain, or you can’t return to your old job, the insurance company’s offer probably doesn’t reflect what you’re really facing. A $25,000 offer might sound reasonable until you realize you’ll need treatment for years.
The strength of your case also matters. If the other driver ran a red light, was texting, or was clearly breaking traffic laws, you have solid ground for a lawsuit. Insurance companies hate defending cases where their driver was obviously wrong.
When It’s Time to Get Legal Help
Insurance companies employ teams of adjusters, investigators, and attorneys to minimize claim payments. Hiring your own car accident lawyer means having someone to manage the back-and-forth, keep the process moving, and respond when the insurer drags things out.
That includes reviewing medical records, organizing evidence, and dealing directly with the insurance company so you don’t have to. It also means knowing when to press harder or when to prepare for court. Most people don’t have the time or background to manage that on their own.
Brett McCandlis Brown & Conner has helped Washington accident victims challenge inadequate settlement offers for over 50 years. We understand how insurance companies evaluate claims and what strategies get them to pay fair compensation.
We handle the entire legal process, from initial demand letters through trial if necessary. Our experience with Washington courts and insurance practices helps maximize your recovery while minimizing the stress and uncertainty of legal action.
If you’re facing a low settlement offer and need guidance on your legal options, contact Brett McCandlis Brown & Conner today. We’ll review your case, explain your rights, and help you pursue the full compensation you deserve. Call us for a free consultation and let us fight for the fair settlement you deserve.
