How To Handle an Insurer’s Lowball Settlement Offer After a Crash

 Posted on November 16, 2025 in Car Accidents

The purpose of an auto insurance policy is to cover your losses after an accident. However, some insurance companies focus more on saving money, even if they have to use bad faith tactics to do so. If you received a lowball offer after filing an accident claim, speak to our experienced Chicago, IL car accident lawyers. We can help you understand your rights and push for fair compensation after a serious crash.

How Do You Know You Are Getting a Lowball Settlement Offer From an Insurer?

Insurance companies are businesses focused on minimizing payouts. They often produce lowball settlement offers, even though those offers do not fully cover your expenses or reflect your true losses. Some adjusters make these offers quickly, hoping you will accept before realizing what your claim is truly worth. You may be getting a lowball offer if:

• The amount does not cover your current or expected medical costs.

• It ignores pain, suffering, or the long-term effects of your injuries.

• The adjuster pressures you to accept immediately.

• The insurer refuses to consider evidence that supports your claim.

Sometimes, they will try to use comparative negligence, under 735 ILCS 5/2-1116, to justify smaller offers. If they can prove that you are at least partially at fault for the accident, they can reduce the compensation you could be entitled to. Reviewing your case with an attorney can help ensure you are not unfairly blamed or underpaid.

What Not to Say to the Insurance Adjuster About Your Car Accident Claim

Insurance adjusters may sound friendly, but their goal is to protect the company’s bottom line. What you say can affect how your claim is handled. Be cautious about giving recorded statements or discussing details of the crash before you fully understand your injuries and rights. It is best to share only basic information, such as the time and place of the accident. Avoid speculating about fault or minimizing your pain.

If the adjuster requests documents or medical records, you have the right to ask for clarification or refer them to your attorney. Under 215 ILCS 5/154.6, insurers must act in good faith when handling claims. If an adjuster misleads you, delays your payment, or refuses to review key evidence, that may violate this law.

To avoid any risk, just let your attorney talk to the insurance company for you. You can focus on healing while they protect your rights.

Can You Negotiate a Higher Settlement With the Insurance Company?

A low first offer is often just the starting point for negotiation. The key is to provide strong evidence of your losses. You can use medical records, photos of the accident, expert opinions, and repair estimates to justify your demand for a larger settlement.

A written demand letter is one of the most effective tools for negotiation. It explains your injuries, damages, and how the crash has affected your life. Once the insurer sees that you have documentation and legal support, they may be more willing to increase the offer.

If the insurance company refuses to negotiate fairly, you have the right to file a personal injury lawsuit. Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to bring a claim in Illinois. Filing a lawsuit does not always mean going to trial, but it shows the insurer that you are serious about getting full compensation.

Schedule a Free Consultation With a Chicago, IL Auto Accident Attorney

If you believe the insurance company is offering less than your claim is worth, do not accept the offer without reviewing it with an attorney. Since 1997, our attorneys have combined diverse legal experience with a hands-on, collaborative approach. Each partner remains personally involved in every case, and client communication stays at the center of everything we do. This commitment allows our team to perform thorough research, conduct in-depth investigations, and achieve strong results for those injured in Illinois car accidents.

Do not face an insurance company without support. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today to schedule your free consultation with Chicago, IL car accident lawyers you can trust to fight aggressively on your behalf.