What New Yorkers should know about insurance company lowball offers
Being hit by a car as an innocent pedestrian is a traumatic experience no one should have to endure. Pedestrian accidents disrupt your life, affecting your independence, sense of safety, and daily routine. Instead of going about your regular schedule, you’re now dealing with pain, hospital visits, and financial stress. It’s overwhelming, and that leaves many people anxious for a quick solution.
That’s often when the insurance company calls. They may sound helpful, even sympathetic, offering what seems like a fair settlement to “take care of everything.” But the truth is, that first offer rarely reflects the full value of your injuries, your suffering, or your future needs.
If you’ve been in a pedestrian accident in New York, it’s important to understand why early settlement offers can be risky and what steps to take before accepting one. It can help make the difference between short-term relief and long-term financial security.
Why do insurance companies offer early settlements?
After a pedestrian accident, insurance companies commonly have a clear goal in mind: to resolve claims quickly and minimize their costs. They make these early settlement offers for several strategic reasons:
- They want to close the case before your injuries fully develop. Some pedestrian accident injuries, like head trauma, internal bleeding, or soft tissue injuries, don’t always have immediate symptoms. Accepting a settlement too early can prevent you from seeking more compensation later for these hidden or delayed injuries.
- They want to limit the evidence you can gather. A fast settlement ends the case before a lawyer can investigate, collect witness statements, or document key proof of the driver’s negligence. It’s not uncommon for insurance adjusters to contact you soon after the accident. Their timing isn’t about helping you heal; it’s about protecting their bottom line.
- They want to prevent you from hiring a lawyer. Once you have a pedestrian accident attorney representing you, the insurance company knows the settlement will likely be much higher. A quick payout is a tactic to keep you from seeking professional legal help.
Insurance company tactics
In pedestrian accident claims, insurance companies want to limit their payouts, and they use multiple tactics to do so. On top of offering quick settlements, adjusters may also:
- Contact you too soon: It’s common for insurance representatives to reach out shortly after the accident. Their goal is to gather statements or information before you have a lawyer or a clear understanding of your injuries. Early contact can pressure you into decisions that aren’t in your best interest.
- Delay and deny claims: Some insurers intentionally slow down processing. By creating delays or initially denying certain aspects of your claim, they hope you will accept a lower offer out of frustration or financial pressure.
- Deny liability: Adjusters may suggest that you share fault or exaggerate your role in the accident. This can reduce the payout and influence early offers.
- Pressure you for recorded statements: Insurance companies may request recorded interviews or written statements. While they may seem routine, these can later be used to challenge or reduce your claim if anything you say is misinterpreted.
With the guidance of a pedestrian accident lawyer, you can avoid these common challenges and ensure your claim fully reflects your injuries and losses.
The value of a pedestrian accident claim
No two pedestrian accidents are exactly alike, and neither are the claims that follow. The true value of your case depends on several factors that an insurance adjuster won’t tell you about or will minimize to reduce what they pay. Fair and full compensation should cover the following damages:
- Current and future medical costs: Hospital bills from your initial treatment, as well as ongoing physical therapy, follow-ups, or pain management.
- Lost income and earning potential: If you’ve missed work, you’re entitled to recover those lost wages. Often, serious injuries can also impact your ability to return to the same job or career path. Your compensation should cover how your injuries affect your long-term earning capacity, not just your current paychecks.
- Pain and suffering: Pedestrian accidents can cause lasting physical pain and emotional distress. While these damages may not have an immediate dollar amount, like medical bills or lost wages, they are an important part of calculating compensation.
- Long-term or permanent disabilities: For some, recovery never returns to “normal.” Chronic pain, mobility limitations, or scarring can alter daily life. These outcomes can drastically increase a claim’s value, something a first offer is unlikely to recognize.
The insurance company’s early settlement offer rarely accounts for your future. It’s based on what’s easy to measure today, not what you’ll need tomorrow.
What to do before you respond to any settlement offer
If you’ve already been contacted by an insurance company about settling your claim, don’t panic, but don’t rush either. Many pedestrian accident victims accept early because they’re overwhelmed with bills. It’s understandable, but there are a few key steps you should take before agreeing to anything:
- Get a complete medical evaluation. Follow up with your doctor and any recommended specialists. Make sure you understand the full scope of your injuries and recovery.
- Keep all documentation. Save hospital bills, pay stubs, photos, and communication from the insurance company. This evidence helps your lawyer accurately value your claim.
- Avoid giving recorded statements. Insurance adjusters may ask for a recorded interview to use your words against you later. You are not required to provide one. Politely decline until you have spoken with a lawyer.
- Consult a pedestrian accident attorney. Most lawyers offer free consultations and work on a contingency basis, meaning they only get paid if you win. There’s no risk in reaching out for legal guidance.
How a pedestrian accident lawyer can protect you from an unfair offer
When you’re recovering from serious injuries, you shouldn’t have to face trained insurance negotiators alone. A skilled pedestrian accident lawyer understands exactly how these cases are valued and how to make sure your claim reflects the full extent of your losses. A lawyer can protect your rights with:
- A comprehensive case evaluation: A lawyer will review every aspect of your accident: police reports, witness statements, medical records, and accident reconstruction if needed. This helps establish fault and document the full scope of your damages.
- Negotiation experience: Insurance companies keep detailed data on settlements, and they know when a victim doesn’t have legal representation. Attorneys use negotiation strategies backed by evidence to ensure you’re not taken advantage of.
- Advocacy and leverage: When you have legal representation, insurers know there’s a real possibility of trial. That leverage alone may lead to higher offers.
Deadlines for pedestrian accident cases
There is no set timeline for accepting a settlement offer from the insurance company, though they may sometimes give you a deadline to pressure you into deciding quickly. It’s important not to rush. Taking the time to review the offer carefully and consult a lawyer can make a big difference in your recovery and long-term compensation.
Personal injury lawsuits, however, do have deadlines, known as statutes of limitations. In New York, most victims have three years from the date of the accident to file. That might sound like a long time, but building a strong case takes preparation, and accepting an early offer could prevent you from ever filing at all.
Don’t rush to close your claim. Work with a pedestrian accident lawyer early on to preserve evidence, meet deadlines, and ensure the settlement reflects your full recovery.
Think about your future before you settle
A fast settlement might feel like closure, but it often leaves pedestrian accident victims struggling with bills, ongoing medical care, and pain long after the check clears. Before signing anything, it’s important to step back and consider the full scope of your recovery, now and in the months or years ahead.
If your pedestrian accident happened in New York, a Bronx pedestrian accident lawyer can guide you through every step of the process. From investigating the crash and gathering evidence to negotiating with insurance companies, an experienced attorney will ensure your case reflects the true value of your injuries and losses. Most importantly, they take the legal stress off your shoulders so you can focus on healing.
You deserve compensation that fully accounts for what you’ve lost and what lies ahead. Don’t let the insurance company decide what your pain is worth. Contact a skilled lawyer today so you can get the compensation you need to recover.
