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Should You Accept the Insurance Company’s First Settlement Offer?

Home Blog
Car Accident Settlement

You’ve been in a car accident. Your car is damaged. You’re sore, maybe injured, and the bills are already piling up. Then, out of nowhere, the insurance company calls. They have an offer—a check, quick and easy. But you wonder: Should I accept? Car accident settlement amounts can be confusing, so we recommend not accepting an offer until you’ve consulted with an attorney. That first offer is often a lowball figure designed to close your claim before you understand its true worth. Accepting it could mean leaving thousands, sometimes even tens of thousands of dollars on the table.

At Greenspan & Greenspan Injury Lawyers P.C., we’ve seen this tactic time and time again. With over 30 years of experience, we know how to push back against undervalued offers. Our no-recovery, no-fee policy means you risk nothing by having us review your case. Before you sign anything, let’s talk.

Why Is the First Offer Usually Too Low?

Insurance companies don’t exist to pay out fair settlements. Instead, they work to maximize profits. For this reason, they often base their first offer on what they think you’ll accept, not what you deserve. Here’s why their initial figure is almost always too low:

  • They calculate quickly. The insurance adjuster reviews your case and makes a snap judgment before gaining a clear picture of your injuries.
  • They assume you don’t know better. Many accident victims don’t realize they can negotiate.
  • They hope you’re desperate. Knowing medical bills and lost wages are stressing you out, they count on you taking whatever they offer.
  • They leave out future damages. They may not factor in long-term medical care, ongoing therapy, or lost earning potential.

These are just a few reasons car accident settlement negotiation is so important. An experienced attorney at Greenspan & Greenspan can assess the actual value of your claim and demand what you deserve.

Should I Accept a Car Accident Settlement the First Time Around?

Your accident claim isn’t just about covering today’s expenses. A fair settlement should account for all damages, including:

  • Medical expenses. Your claim covers not just what you’ve already paid but also future treatments, surgeries, physical therapy, and medications.
  • Lost wages. If your injuries prevent you from working, your claim should cover both lost income and reduced future earning potential.
  • Pain and suffering. Severe injuries can impact your quality of life in ways an insurance adjuster won’t acknowledge unless forced to.
  • Property damage. The settlement should fully cover the cost of repairing or replacing your car.
  • Future complications. Some injuries don’t heal in weeks or months, so you may need long-term care. A rushed settlement won’t account for it.

Knowing your case’s true value is critical before you accept any offer. It’s vital to know what you’re entitled to before asking: Should I accept a car accident settlement? 

How Should I Respond to a Low Settlement Offer?

When you receive an initial offer, don’t panic. Instead, follow these steps:

  • Remain calm and avoid a rushed decision. Insurance companies may pressure you, but you are not obligated to accept immediately.
  • Request a breakdown. Ask how the adjuster calculated the settlement to reveal gaps or overlooked damages.
  • Don’t provide a recorded statement. Anything you say could be used to minimize your claim.
  • Consult an attorney. A legal expert can assess whether the offer is fair or if you should negotiate.
  • Prepare to counter. A well-documented response, including medical records, wage loss reports, and expert opinions, strengthens your position.

Insurance companies expect negotiation. Remember, car accident settlement negotiation isn’t about greed but fairness.

Can I Engage in a Car Accident Settlement Negotiation on My Own?

Technically, yes. But should you? Not always. Here’s why having an attorney helps:

  • They recognize unfair tactics. Adjusters use strategic delays, deny liability, or claim your injuries aren’t severe.
  • They know the law. New York has specific rules that impact settlements, including comparative negligence, which insurers might use against you.
  • They maximize compensation. Claimants who hire lawyers often receive larger settlements than those who negotiate alone.
  • They handle the stress. You focus on recovery while your attorney handles negotiations, paperwork, and deadlines.

When you work with Greenspan & Greenspan, you don’t pay unless we win. Why fight alone when a seasoned legal team can handle it for you?

When Should I Accept an Offer?

There are times when accepting a settlement makes sense. Consider saying yes if:

  • The offer fully covers medical expenses, lost wages, and pain and suffering;
  • Your injuries are minor and fully healed; and
  • Your attorney advises that the offer is fair and in line with similar cases.

However, it’s best to keep negotiating if you are uncertain about your long-term health, financial stability, or legal rights. Even a seemingly fair offer might fail to address unexpected medical complications or long-term financial consequences. 

A lawyer can assess whether an insurer’s offer reflects the full scope of your damages, including noneconomic factors like emotional distress. Remember—settlements are final. Once you accept, you typically cannot ask for more, so it’s essential to be absolutely sure before signing.

What If I Reject the Offer?

Rejecting an offer doesn’t mean you walk away empty-handed. Instead, you send a counteroffer backed by evidence. If negotiations stall, your attorney may file a lawsuit to push the insurer into making a reasonable offer. Most cases settle before trial. Insurance companies don’t want to spend money on court battles, and when they see you’re serious, they’re more likely to settle on your terms.

Don’t Accept Less Than You Deserve: Call Greenspan & Greenspan Injury Lawyer P.C. Today

Should you accept car accident settlement terms without a fight? No. The insurance company’s first offer is rarely their best. Before signing anything, let Greenspan & Greenspan evaluate your claim. With over $15 million in settlements, Super Lawyers recognition, and a client-first approach, we fight for what’s fair—not what’s convenient for the insurer.

We offer:

  • Free case reviews;
  • A no recovery, no fee policy; and
  • 24/7 availability.

Call today, and let’s ensure your settlement truly covers your loss.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

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Thanks for defending me with my DUI. You made a stressful situation much easier to get through. I really appreciate your professionalism and expertise. I would recommend you to anybody who needs a quality attorney! Thanks man!!
Former C.-White Plains, NY
Young, energetic, and the consummate legal professional. He settled our case with an insurance company that is known for digging it’s heels and fighting for every inch. It met its match when mike took our case. He settled our case in a manner that I was completely satisfied with.
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I was involved in a serious motor vehicle accident and sustained severe injuries. A close friend of mine who dealt with Mr. Greenspan and was very happy with his service referred me to him. Mike was very caring right from the beginning, making sure I’m recovering instead of worrying about my case.
Carmen T.-New City, NY
I was involved in a motor vehicle accident in which I got injured. I contacted Green span and Greenspan and they were very courteous and supportive through out the whole case duration. I am pleased with the service I got and if some one wants the best representation then Greenspan is the one to choose.
Mendel-New City, NY
I truly can’t thank Michael Greenspan and everyone at Greenspan & Greenspan enough for working so diligently to get us the best possible settlement after my car accident. For me, it was always about getting my life back, or at least getting as much of it back as possible.
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