INSURANCE • LOWBALL OFFER • KARATE ATTORNEY
How to Respond to a Lowball Insurance Offer: A Step-by-Step Guide
When you're faced with a lowball offer from an insurance company, it's important to respond with a clear strategy. Here's the exact technique we use at the Awad Law Firm — step by step — to counter these offers and ensure our clients get the compensation they deserve.
Step 1: Confirm the Insurance Adjuster Has All the Medical Bills
Before discussing any offer, make sure the adjuster has every medical bill you've submitted. Many times, insurance companies miss some of the bills or don't have them in their system, which can pull their valuation of your case downward.
What to say: "Can you confirm that you have all of the medical bills we've submitted? I have $17,434. Is that the total amount you have?"
If they're missing anything, resend the missing bills. If they confirm they have everything, move on.
Step 2: Verify the Policy Limits
Confirm the policy hasn't been reduced by prior payouts. You need to know the actual available coverage before your demand has any meaning.
What to say: "Can you confirm that the total policy is still $25,000 and that it hasn't been depleted due to previous claims?"
If another payout has already been made, resubmit your demand based on the actual available amount.
Step 3: Confirm Liability Has Been Fully Accepted
You need to confirm the insurance company is not assigning any fault to you. Don't ask directly about "100% liability" — adjusters often resist that phrasing. Instead, ask it this way:
What to say: "I just want to make sure there's no allocation of fault on my behalf, is there?"
If they indicate any fault on your side, follow up immediately: "How did you come to that conclusion?"
Step 4: Address Disputes Regarding Your Injuries
A common adjuster tactic is to question whether your injuries were actually caused by the accident — especially soft tissue injuries, which they may suggest were pre-existing.
Work through each injury one by one:
For neck injury: "Is there any dispute regarding my personal neck injury and whether it was caused by the crash?"
If they downplay it: "Are you suggesting that it was a pain-free experience?"
For back injury: "Is there any dispute regarding my low back injury and whether it was caused by the crash?"
If they question a herniation: "The MRI report indicates a herniation superimposed on a disc bulge at the L4-L5 level. While the bulging discs may be part of natural aging, the herniation is a direct result of the recent traumatic event."
Step 5: Push Back on "Usual and Customary" Bill Reductions
Adjusters often reduce medical bills by benchmarking them against Medicare rates. If you're not a Medicare recipient, those rates simply don't apply to you.
First ask: "Which data points did you use to determine these bills are unreasonable?"
If they cite Medicare rates: "I'm not eligible for Medicare, so Medicare pricing is irrelevant in my case."
Insurance companies often seek what I call "discounted justice." Push back clearly and document every exchange.
Step 6: Question the Adjuster's Credentials on Causation
When an adjuster claims they can't confirm your injuries were caused by the accident, ask them directly:
"What credentials do you have to make that assessment?"
If they rely on an in-house nurse: "Our medical records include assessments from a chiropractor, a physical therapist, an orthopedic surgeon, and a radiologist — all of whom confirmed the injuries were caused by the accident."
If they press the nurse's review: "Are you suggesting that a nurse's opinion is equivalent to the expertise of a medical doctor?"
Step 7: Never Counter Verbally — Get Everything in Writing
This is the most important rule in any insurance negotiation: do not make a verbal counteroffer.
Never say something like "I'm thinking about accepting $20,000." Negotiating on the spot during a call hands the adjuster power over your position.
Instead, require the adjuster to put their offer and stance in writing. Only then should you respond — in writing.
Bonus Tip: Record the Conversation (Where Legal)
If you're in a one-party consent state, record every call with the adjuster. A documented record of their stated positions is invaluable in the next phase of negotiation — or litigation.
Real-Life Story: State Farm Denies a Legitimate Claim
In a recent case, a homeowner filed a claim after a roof was severely damaged. The adjuster claimed the damage was "repairable." But the roofer who inspected it said the roof needed full replacement — the tiles weren't pliable and couldn't be salvaged.
The adjuster's response? He insisted the roofer wasn't doing his job correctly and that he had been "too rough," causing the tiles to break.
Even confronted with irrefutable evidence, the adjuster refused to acknowledge the damage. This is exactly the kind of manipulation that's all too common — not just with State Farm, but with Allstate and other insurers known for lowball settlements and wrongful denials.
If insurance companies did the right thing, there would be no need for insurance accountability lawyers. But when faced with these practices, having the right knowledge — and the right attorney — makes all the difference.
Dealing with a Lowball Offer in Georgia?
Whether you're in Marietta, Marietta, Dalton, or surrounding areas, we're here to advocate on your behalf. Contact us today for a free consultation and let us help you navigate the negotiation process.
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