After a car accident in Colorado Springs, receiving a settlement offer from the insurance company can feel like progress. But what if the amount offered does not come close to covering your medical bills, lost income, vehicle-related expenses, and the other consequences of your injuries?
You generally do not have to accept an inadequate settlement simply because an insurer has made an offer. A settlement can be negotiated, and the value of a Colorado Springs car accident claim may depend on factors that are not reflected in an insurer's initial calculation. At Pribila and Fields, we help injured people evaluate insurance offers and pursue compensation that accounts for the full impact of an accident.
Insurance companies evaluate claims from a financial perspective. Even when liability appears clear, an insurer may disagree with an injured person's assessment of the damages.
An adjuster may question the severity of an injury, argue that certain medical treatment was unnecessary, dispute lost wages, or claim that a preexisting condition caused some of the symptoms.
In other cases, an insurer may simply make an early offer before the full extent of the injuries is known.
This can be especially concerning after a serious Colorado Springs collision because some injuries require months of treatment before doctors can determine whether symptoms will resolve completely.
Our Colorado Springs car accident attorneys can evaluate a settlement offer in the context of the injuries, available insurance coverage, and evidence supporting the claim.
No. An insurance company's first offer is not automatically the amount you must accept.
A settlement is an agreement. If you believe an offer does not adequately compensate you, you can generally reject it or negotiate for a different amount.
Before responding, however, it is important to understand why the offer is inadequate.
A counteroffer supported by medical records, wage documentation, photographs, expert opinions, and other evidence can be more persuasive than simply telling the adjuster that you want more money.
Once a Colorado Springs car accident claim is settled and the appropriate release is signed, it can be extremely difficult or impossible to return later and seek additional compensation for the same claim. That makes evaluating the offer before accepting it critical.
There is no universal formula that determines the value of every Colorado Springs car accident claim.
The amount depends on the specific losses caused by the collision. Two people involved in similar crashes may have very different claims because their injuries, occupations, medical needs, and recovery periods differ.
Potential damages may include:
The strength of the evidence and the available insurance coverage can also affect the practical value of a claim.
An offer that appears substantial at first may be inadequate once future medical treatment and long-term financial losses are considered.
Early settlement offers deserve careful consideration because the long-term consequences of an injury may still be uncertain.
Suppose a Colorado Springs driver suffers a back injury and receives a settlement offer a few weeks after the accident. At that point, the person may still be undergoing diagnostic testing and physical therapy.
If the injury later requires injections, surgery, or prolonged treatment, an early settlement may not account for those additional expenses.
The same concern applies to lost income. A person who initially expects to miss two weeks of work could ultimately remain unable to perform regular duties for several months.
Settling before the medical picture becomes reasonably clear can make it difficult to account for future losses.
Insurance negotiations are evidence-driven. The stronger the documentation, the easier it may be to demonstrate why an offer fails to account for the claimant's losses.
Important evidence after a Colorado Springs accident can include:
Keeping records organized throughout the claim can help establish both how the accident happened and how the injuries affected your life.
A detailed demand may explain the factual basis for liability, summarize the medical treatment, document financial losses, and address future consequences.
An insurer may attempt to reduce a settlement by arguing that you contributed to the Colorado Springs collision.
Colorado uses a modified comparative negligence system. An injured person who is less than 50 percent responsible may generally recover damages, but the recovery is reduced according to the person's percentage of fault. A person who is 50 percent or more at fault generally cannot recover under this rule.
Fault percentages can therefore have a major impact on settlement negotiations.
An adjuster might argue that you were speeding, distracted, following too closely, or otherwise contributed to the collision. Those allegations should be evaluated against the actual evidence rather than accepted automatically.
Police reports, photographs, video, witness testimony, and accident reconstruction evidence can help resolve disputed liability.
Disputes do not always involve the other driver's insurer.
You may need to make a claim under your own policy, such as when an uninsured or underinsured driver causes a crash. Even though you purchased the coverage, disagreements can still arise concerning what the insurer owes.
Insurance companies have obligations when handling claims. When an insurer unreasonably delays, denies, or underpays a covered claim, questions about improper claims handling or insurance bad faith may arise.
Not every disagreement over settlement value constitutes bad faith. An insurer can have a legitimate dispute about liability, coverage, or damages.
However, policyholders who believe their insurer is treating them unfairly can speak with our Colorado Springs insurance bad faith attorneys about the circumstances.
Yes. Settlement negotiations frequently involve offers and counteroffers.
An injured person or their attorney can respond to an inadequate offer with documentation explaining why additional compensation is appropriate.
Negotiations may address disagreements over:
The adjuster's authority to settle may also affect how negotiations progress.
The goal is not simply to obtain a higher number. It is to pursue a resolution that reasonably reflects the documented losses and legal circumstances of the claim.
Negotiation does not always result in an acceptable settlement.
When the parties cannot resolve a Colorado Springs personal injury claim, filing a lawsuit may be an option. Litigation can allow the injured person to formally pursue damages and obtain evidence through the discovery process.
A lawsuit does not necessarily mean the case will go to trial. Many claims continue to be negotiated after litigation begins and may settle before trial.
However, legal filing deadlines apply. In Colorado, the limitations period can vary based on the nature of the claim, and motor vehicle accident cases can involve specific deadlines. Waiting too long can jeopardize the right to pursue compensation.
Before signing a release, make sure you understand both your current losses and reasonably anticipated future needs.
Consider whether the offer accounts for:
You should also understand what rights you are releasing.
Once a claim has been fully settled, discovering later that your injuries are more serious than expected generally does not mean the insurer must reopen negotiations.
An insurance company's settlement offer is not automatically a fair measure of what your Colorado Springs car accident claim may be worth. Before accepting an offer, it is important to consider your medical needs, lost income, long-term injuries, liability issues, and available insurance coverage.
If you are dealing with an insurance company that has offered too little after a car accident in Colorado Springs, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
Pribila and Fields, P.C. has successfully handled thousands of personal injury cases and tried scores of cases where an insurance carrier refused to pay fair compensation for injuries, losses or damages.
18 E. Monument Street
Colorado Springs, CO 80903
reception@pribila.com
Phone: (719) 888-3720
Fax: (719) 473-2542
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