Imagine this for a second: You’re sitting at your kitchen table, staring at a settlement offer from the insurance company after your car accident last month. The number looks decent at first glance – it’ll cover your emergency room bill and maybe fix your car. But something just feels off. Your back still aches every morning, you missed two weeks of work, and honestly? You’re still pretty shaken up about the whole thing.
Here’s the deal – that gut feeling might be spot on. Insurance companies aren’t exactly known for their overflowing generosity, and first offers are almost always lowball attempts to get you to settle quickly and cheaply. Trust me, I’ve seen too many people accept offers that barely scratch the surface of what they actually deserve, only to regret it later when they’re stuck with ongoing medical bills and no way to get more money.
So, let’s chat about the red flags that should make you pump the brakes and think twice before signing on that dotted line.
The “Lightning Fast” Settlement Offer
If an insurance adjuster calls you within days of your accident with a settlement offer, that should immediately raise your eyebrows. I mean, seriously – how can they possibly know the full extent of your injuries and damages when you probably haven’t even seen your own doctor yet?
This is probably the biggest warning sign out there. Insurance companies love to strike while the iron’s hot, before you’ve had time to fully understand what happened to you or talk to anyone who might tell you to ask for more money.
Here’s what typically happens: You’re still reeling from the shock of the accident, maybe you’re on pain medication, and you’re worried about mounting bills. Then boom – the adjuster calls with what sounds like free money. They’ll say things like “We want to get this resolved quickly for you” or “This will help you move on with your life.”
But here’s the reality check – most injuries don’t show their full impact right away. That minor neck pain could turn into months of physical therapy. Those headaches you’re having? They might be signs of a concussion that needs ongoing treatment. And don’t even get me started on the emotional impact that often doesn’t surface until weeks later.
The attorneys at McCormick & Murphy have been handling these cases since 1995, and they’ll tell you that some of their biggest settlements came from cases where the initial offer was made within the first week. The insurance company was clearly trying to close the book before the real picture emerged.
Your Medical Bills Tell a Different Story
Let’s get practical for a minute. Grab a calculator and add up all your medical expenses – not just the ones you’ve paid, but the ones you know are coming. Think emergency room visits, follow-up appointments, physical therapy, prescription medications, medical equipment. Now compare that number to the settlement offer.
If the offer barely covers your medical bills (or doesn’t even cover them completely), you’re definitely looking at a lowball situation. And that’s not even considering your other damages like lost wages, pain and suffering, or future medical needs.
I remember talking to someone who got rear-ended on I-25 near downtown Denver. The initial offer was $3,500. Sounds reasonable, right? Wrong. Her medical bills alone ended up being over $8,000, and she missed three weeks of work. The insurance company was basically asking her to pay for the privilege of being in their client’s accident.
Oh, and don’t forget about those hidden costs either. Maybe you had to take Uber to work for two weeks because your car was in the shop. Maybe you had to hire someone to help with household chores because you couldn’t lift anything. These might seem like small expenses, but they add up fast.
The “Pain and Suffering” Brush-Off
Here’s where insurance companies really like to play games. They’ll acknowledge your medical bills (because those are hard numbers they can’t argue with), but when it comes to pain and suffering, suddenly they develop amnesia.
Pain and suffering isn’t just legal jargon – it’s real compensation for real problems. We’re talking about the physical pain you’ve endured, the emotional distress, the way the accident has impacted your daily life, your sleep, your relationships, your ability to enjoy activities you used to love.
If an adjuster tells you things like “Pain and suffering is hard to prove” or “We don’t typically pay much for that,” they’re trying to minimize a legitimate part of your claim. Good news: In Colorado, there are no caps on economic damages, and the non-economic damage caps (which include pain and suffering) were actually increased recently – another reason why 2025 offers should reflect these higher potential awards.
Some adjusters will even try to make you feel guilty about claiming pain and suffering, as if you’re being greedy. Don’t fall for it. If someone else’s negligence caused your accident, you have every right to be compensated for all the ways it’s affected your life.
High-Pressure Tactics and “Final” Offers
Insurance adjusters are trained negotiators, and they have a whole playbook of psychological tricks to get you to accept less money. Here are some phrases that should immediately put you on guard:
- “This is our final offer.”
- “We won’t be able to do better than this.”
- “If you don’t accept this now, we might have to withdraw it.”
- “Most people would be happy with this amount.”
- “You should take this before we change our minds.”
Here’s the truth – there’s almost never such a thing as a truly “final” offer, especially early in the process. These are negotiation tactics designed to create artificial urgency and make you feel like you’re about to lose out on something good.
Real talk: I’ve never seen an insurance company withdraw a reasonable offer just because someone wanted time to think about it or get a second opinion. They want to settle your case, and they’re not going to walk away from the negotiating table over normal, reasonable requests.
Your Lost Wages Aren’t Properly Calculated
This one’s pretty straightforward, but insurance companies love to get creative with math when it comes to lost wages. They might only count the days you were completely unable to work, ignoring the days you had to leave early for medical appointments or came in late because of pain and stiffness.
They might also ignore your loss of earning capacity if your injuries affect your ability to do your job long-term. For example, if you’re a construction worker who can no longer lift heavy objects, or an office worker who gets severe headaches from looking at computer screens, that’s going to impact your future earnings.
And what about sick days or vacation time you had to use for medical appointments? That’s time off you would have otherwise been able to use for actual vacation or sick days down the road. Some insurance companies will try to argue that since you got paid for those days, there’s no lost wages claim. That’s not how it works!
If you’re self-employed or work on commission, calculating lost wages gets even trickier. Insurance companies might try to lowball these calculations or claim your income is too variable to determine losses. Don’t let them get away with that – there are established methods for calculating these damages.
They’re Ignoring Future Medical Needs
This is a big one, especially if you’re dealing with injuries that might require ongoing treatment. Maybe your doctor has mentioned that you might need physical therapy for several months, or there’s a possibility you’ll need surgery down the road. The insurance company’s offer should absolutely account for these potential future costs.
But here’s what often happens: The adjuster will focus only on the treatment you’ve already received and ignore what your doctor says you might need in the future. They’ll say things like “We’ll deal with future treatment if it becomes necessary,” but once you sign that settlement agreement, you can’t come back for more money. Period.
This is particularly important for injuries like concussions or traumatic brain injuries, where the full impact might not be clear for months or even years. If you’re dealing with ongoing symptoms like headaches, memory problems, or concentration issues, don’t let the insurance company rush you into a settlement before you understand the long-term implications.
The same goes for psychological impacts. Many people develop anxiety about driving or experience PTSD symptoms after serious accidents. These conditions often require therapy or counseling, and those costs should be factored into your settlement.
The Offer Doesn’t Match Similar Cases
Every accident is different, but there are definitely patterns in how much certain types of injuries and damages typically settle for in the Denver area. If you do a little research (or better yet, talk to an attorney who handles these cases regularly), you can get a sense of whether your offer is in the right ballpark.
For example, if you were rear-ended and have a whiplash injury that required two months of physical therapy, and the insurance company offers you $2,000, that’s probably not going to cut it. Similar cases in Denver typically settle for significantly more, especially when you factor in medical bills, lost wages, and pain and suffering.
McCormick & Murphy has been handling personal injury cases in Colorado for over 60 years of combined experience, and they can give you a realistic assessment of what your case might be worth. Sometimes people are surprised to learn their case is worth less than they thought, but more often, they’re shocked to discover the insurance company’s initial offer was a fraction of what they should be getting.
Red Flags in How They’re Treating You
Sometimes it’s not just about the money – it’s about how the insurance company is handling your claim. Here are some behavior patterns that suggest they’re not dealing with you in good faith:
- They’re taking forever to return your calls or respond to your requests for information.
- They keep asking for the same documents over and over again.
- They’re disputing obviously legitimate expenses or trying to blame you for the accident when their client was clearly at fault.
If they’re making you jump through hoops for basic things or treating you like you’re trying to commit fraud, that’s often a sign they’re hoping you’ll get frustrated and accept whatever they offer just to be done with the whole process. Don’t let them wear you down!
When You Should Definitely Get a Second Opinion
Look, I get it – hiring an attorney feels like a big step, and maybe you’re worried about legal fees or making the situation more complicated. But there are definitely situations where you should at least talk to a lawyer before accepting any settlement offer.
If your medical bills are over $10,000, if you missed more than a week of work, if you’re still having symptoms months after the accident, or if the insurance company is jerking you around – those are all excellent reasons to get professional advice.
Here’s something a lot of people don’t know: Most personal injury attorneys, including the team at McCormick & Murphy, work on a contingency fee basis. That means you don’t pay attorney fees unless they recover money for you. So getting a consultation and a professional assessment of your case doesn’t cost you anything upfront.
And honestly, even if you decide not to hire an attorney, having that conversation can give you valuable information about what your case is really worth and how to negotiate more effectively with the insurance company. It’s truly a no-brainer.
The Real Cost of Accepting Too Little
Here’s what happens when you accept a lowball settlement: You sign the papers, deposit the check, and feel relieved that it’s over. Then, two months later, you’re still going to physical therapy and the bills are piling up. Or you realize that your back injury is affecting your job performance and you might need to change careers. Or you develop anxiety about driving that requires counseling.
But here’s the kicker – once you sign that settlement agreement, you can’t go back for more money. Even if you discover new injuries or your condition gets worse, you’re done. The insurance company got you to sign away all your rights for a fraction of what your case was actually worth.
I’ve talked to too many people who are still dealing with the consequences of accidents years later, but they can’t get help with the ongoing costs because they settled too quickly for too little money. Don’t let that be you.
What to Do Instead
So what should you do if you think you’re being lowballed? First, don’t panic or feel pressured to make a quick decision. Take some time to really understand the full extent of your injuries and damages.
Get all your medical treatment documented and keep careful records of everything – medical bills, lost wages, out-of-pocket expenses, how the injuries have affected your daily life. If your doctor recommends ongoing treatment, get that in writing.
Do some research on what similar cases have settled for, or better yet, talk to an attorney who handles these cases regularly. You can reach out to McCormick & Murphy at (888)-668-1182 or visit their office on North Gaylord Street to get a professional assessment of your situation.
Remember, the insurance company isn’t your friend, even if the adjuster seems nice and helpful. Their job is to save their company money, not to make sure you’re fully compensated for your losses.
Trust Your Instincts
At the end of the day, if something feels off about the settlement offer you received, it probably is. You know better than anyone how the accident has affected your life, and you shouldn’t let an insurance company convince you that your experience isn’t worth fair compensation.
Don’t let them pressure you into accepting an offer that doesn’t make you whole. You have rights, and you deserve to be treated fairly. If that means rejecting their first offer and fighting for what you actually deserve, then that’s what you should do.
Your future self will thank you for taking the time to make sure you’re getting a fair settlement rather than rushing into something you’ll regret later. And remember – you don’t have to figure this out alone. There are experienced professionals who can help you understand your options and fight for the compensation you deserve.
