Free Consultation: 405-698-3125
Insurance Bad Faith

Lowball Settlement Offers

Your medical bills are $50,000. They offer $8,000 and call it "fair." When insurance companies make offers designed to pressure rather than compensate, that's not negotiation—it's bad faith.

Key Takeaways

  • First offers are rarely fair: Designed to test how desperate you are
  • Accepting means it's over: Once you sign a release, you can't come back
  • Unreasonably low can be bad faith: Especially when they ignore documented damages
  • Attorney involvement changes offers: Represented claimants get better settlements

Why Insurance Companies Make Lowball Offers

Low offers aren't mistakes—they're calculated strategy:

Profit Maximization

Every dollar they don't pay you goes to shareholder profits. Adjusters may be evaluated on how little they pay, not how fairly they settle.

Playing the Odds

They know most people accept low offers out of desperation or exhaustion. Even if some fight back, they come out ahead on average.

Financial Pressure

You have mounting bills, lost wages, and stress. They have time and money. Their offer assumes you're desperate enough to accept less.

Testing Your Knowledge

Low offers test whether you know your claim's worth. Unrepresented claimants often don't. Accepting proves their tactic worked.

Red Flags: When Low Offers Signal Bad Faith

These patterns suggest the offer isn't just low—it's unreasonable:

Offers Far Below Documented Losses

Your medical bills alone are $40,000, but they offer $5,000 total. No legitimate valuation could produce that number.

Ignoring Clear Liability

The other driver was ticketed, witnesses support you, but they 'dispute liability' to justify a lower offer.

Refusing to Explain Valuation

They won't show you how they calculated the offer. No supporting documentation, no reserve amount disclosure.

Take-It-Or-Leave-It Pressure

They claim the offer is 'final' and threaten to withdraw if you don't accept immediately. Legitimate negotiation doesn't work this way.

Discounting Future Damages

They ignore future medical costs, permanent impairment, or ongoing pain when there's clear evidence of lasting injury.

Applying Arbitrary 'Multipliers'

Using formulas like '1.5x medical bills' regardless of the actual severity of your case. Your claim is unique, not a math problem.

How to Respond to a Lowball Offer

Don't accept. Don't despair. Here's what to do:

1

Don't React Emotionally

Low offers are designed to frustrate you. Take time to evaluate. Don't reject angrily and don't accept out of desperation. Respond strategically.

2

Document Everything

Get the offer in writing. Note the date, the amount, and any justification given. This becomes evidence if you pursue bad faith.

3

Calculate Your True Damages

List all economic losses: medical bills, lost wages, property damage. Add non-economic damages: pain, suffering, emotional distress, life impact. Now you know what you're entitled to.

4

Send a Documented Counter-Demand

Respond in writing with your full damage calculation and supporting evidence. Explain exactly why their offer is inadequate. Make them justify their position.

5

Get Legal Representation

Insurance companies make better offers when attorneys are involved. We know their tactics, we know full claim values, and we're prepared to litigate if they won't negotiate fairly.

Frequently Asked Questions

An offer is unreasonably low when it ignores documented damages, discounts clear liability, or reflects no genuine attempt to evaluate the claim fairly. If your medical bills are $50,000 and they offer $5,000, that's not negotiation—it's an attempt to pressure you into accepting far less than you deserve.
Not automatically. Insurers are allowed to negotiate. But an offer so low that no honest assessment could support it—especially combined with refusal to explain the valuation or negotiate meaningfully—can constitute bad faith. Context matters: the strength of your claim, the documentation you've provided, and the insurer's conduct.
It's a calculated business strategy. They know injured people face financial pressure from medical bills, lost wages, and mounting debts. Many claimants accept low offers out of desperation. Every dollar they don't pay is profit. It's designed to take advantage of your vulnerable position.
Almost never. First offers are typically starting points, not final valuations. Taking the first offer often means leaving significant money on the table. Once you accept and sign a release, you generally can't come back for more—even if you discover your injuries are worse than you thought.
Full claim value includes: all medical expenses (past and future), lost wages and earning capacity, property damage, pain and suffering, emotional distress, loss of enjoyment of life, and any permanent impairment. An experienced attorney can evaluate all components and prevent you from accepting less than full value.
Adjusters often say offers are final when they're not. This is a pressure tactic. You can reject the offer, provide additional documentation, escalate within the company, or proceed with litigation. Their 'final' offer often changes when they realize you won't be pressured.
Yes, and you should. Submit a detailed demand letter with documentation supporting your full damages. Explain exactly why their offer is inadequate. Don't just counter with a number—make them justify their valuation and prove yours.
When insurers make offers that ignore documented damages, refuse to explain their valuation, or use the offer as a pressure tactic rather than a genuine negotiation, that conduct can support a bad faith claim. We subpoena their internal claim evaluations to show what they really valued your claim at.
Bad faith opens additional recovery: consequential damages caused by their conduct (debts you incurred waiting for fair payment), emotional distress from dealing with their tactics, and potentially punitive damages to punish their behavior and deter others.
Ideally, before you accept any offer. Insurance companies make substantially higher offers to represented claimants because they know attorneys understand claim values and will litigate if necessary. Even if settlement is likely, attorney involvement typically yields better results.

Don't Settle for Less Than You Deserve.

If the insurance company's offer doesn't come close to covering your damages, you don't have to accept it. We fight for full value—and hold insurers accountable for bad faith tactics.

Free Consultation

Get Started