You might feel relief when an insurance check arrives shortly after a car crash. Immediate funds help with mounting bills and vehicle repairs that need attention.
However, accepting an initial proposal usually requires you to sign a release that prevents you from seeking further compensation. Adjusters prioritize company profits and often present low numbers to test your desperation. Identifying a lowball proposal helps ensure you receive fair restitution for your losses.
The offer arrives before treatment ends
A swift proposal often signals that the insurer wants to resolve the claim before you understand the full scope of your injuries. You generally should not resolve a claim until you reach maximum medical improvement. This is the stage where your condition stabilizes and doctors can accurately predict future medical needs. If the amount only covers past emergency room bills but ignores upcoming physical therapy or surgeries, the number is likely not enough.
It ignores lost earning capacity
A fair resolution accounts for more than just the days you missed work immediately following the collision. Significant injuries can impact your ability to perform job duties for years and an inadequate proposal usually looks at missed shifts and calculates a simple sum.
A comprehensive claim considers:
- Loss of future promotions or career advancement
- Inability to work overtime hours
- Forced changes to a lower paying career field
- Loss of pension or retirement contributions
If the adjuster refuses to discuss how the injury impacts your long-term career trajectory, they are likely undervaluing the case.
The adjuster claims you share fault
Companies frequently try to reduce payouts by shifting blame onto you. They might argue you were speeding, distracted or simply failed to avoid the wreck. Montana follows a rule of “modified comparative negligence.” This means your compensation decreases by your percentage of fault.
However, there is a critical danger here. If you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation at all. If an adjuster unfairly assigns you 51% of the blame, they can deny your claim entirely. Even an assignment of 20% fault artificially lowers your settlement value. Disputing these liability determinations is often necessary to secure a full recovery.
Evaluate the offer carefully
Signing an agreement is a permanent decision. You cannot go back for more funds if medical complications arise a year from now or if you realize the money did not cover all your losses.
While you need to ensure the proposal covers your true long-term costs, you must also be mindful of the clock. Montana generally requires you to file a lawsuit within three years for personal injuries. Speaking with an attorney can help clarify the true value of your claim before you sign any documents.
