Negotiating with an insurance adjuster after a car accident is exhausting.
You’re trying to heal from your injuries, keep up with doctor’s appointments, and learn how to pay your bills . . . all while the insurance company offers you a low-ball settlement. Somewhere along the line, doing-it-yourself no longer makes financial sense. When you pair a strategic lost wages claim with the best personal injury attorney, you can:
- Recover the income you’ve lost
- Push back against unfair offers
- Get the full compensation you deserve
Here’s how to know when you’ve hit that point…
What you’ll learn:
- Why Insurance Companies Lowball Lost Wages Claims
- The Top Signs It’s Time to Hire a Lawyer
- How a Lawyer Strengthens Your Lost Wages Claim
- What to Do Next
Why Insurance Companies Lowball Lost Wages Claims
Insurance adjusters have one job… save the company money.
That means your lost wages claim will be vigorously challenged. They will scrutinize your time off of work, dispute your doctor’s note and minimize the severity of your injuries. Anything you say can be used to downplay your claim later. That is why so many people settle for much less than they deserve.
And it gets worse…
Statistics back this up. Lawyers.com conducted an internal study that revealed that 91 percent of those who had legal representation received a settlement, while only 51 percent of those who were not represented by an attorney received a payout. That’s a huge difference.
Dealing with insurance companies can be a pain, and if you’ve been injured in a collision you don’t need the headache of going back and forth with them yourself. Hiring a Colorado car accident lawyer could mean the difference between being properly compensated and leaving with next to nothing. Insurance companies know who has a lawyer’s support and who doesn’t…they play the game accordingly.
Don’t fall into the trap of thinking you’ll save money by skipping legal help.
The Top Signs It’s Time to Hire a Lawyer
So when exactly should you stop negotiating?
There are certain red flags that indicate you need an attorney. If you encounter any of these red flags, cease communication with the adjuster and contact an attorney.
Your Injuries Are More Serious Than First Thought
A lot of car accident injuries don’t show up right away.
You could wake up “fine” on the day of the accident. Then, the next day you can’t move your neck. Or weeks later, a doctor notices something — a bulging disc, brain injury, internal injuries. The second something is wrong with you medically, the value of your case increases.
But here’s the issue:
Once you start negotiating, the insurance company holds all your previous statements against you. They will reference your past statements that you “felt okay” and attempt to deny that your new injuries are related. An attorney fights this.
The Insurance Company Is Disputing Fault
Colorado uses a modified comparative negligence rule.
What this means is… you can seek damages as long as you are less than 50% at fault, however your damages award will be lowered by your percentage of fault.
Insurance companies understand this rule better than anyone. They will attempt to place as much blame on you as they can to decrease their payout. If your insurance adjuster randomly tells you “well you were partially at fault”, that should be your first big red flag. Consult an attorney immediately.
You Can’t Return to Work
This one is a big deal for your lost wages claim.
Lost income mounts up quickly when you miss weeks or months of work due to injuries. Insurance companies vigorously defend against this portion of your claim as it can represent a significant amount. Lost wages include:
- The actual paychecks you missed
- Future income you won’t be able to earn
- Lost bonuses, commissions, and overtime
- Promotions or raises you missed out on
Someone who earned $60k annually and missed three months of work missed out on about $15,000 in wages. That’s a lowball estimate. Add in injuries that impact your ability to earn a living for years to come and you could be looking at six-figure numbers.
The Settlement Offer Feels Way Too Low
Trust your gut on this one.
Get an attorney if the offer won’t cover your medical bills. Insurance companies in Colorado rarely make an initial offer that considers future medical expenses and compensates you for your full damages. They’re just hoping you’ll accept it.
Don’t.
The Adjuster Is Stalling Or Playing Games
Is the adjuster not returning your phone calls? Are they requesting the same documents repeatedly? That’s a classic stall strategy.
Insurance companies count on you getting frustrated and settling for pennies just to make it stop. An attorney bulldogs them.
How a Lawyer Strengthens Your Lost Wages Claim
A lawyer doesn’t just send angry letters… They actually change the math.
Here’s what they do that you can’t easily do alone:
Documentation: They collect pay stubs, tax returns, employer statements and medical records to document every aspect of your losses. They know what insurance adjusters focus on and what they try to minimize.
Expert Witnesses: Lawyers hire vocational experts and economists in larger cases to quantify future lost earning capacity. Can’t argue with them on that either.
Negotiating Power: Lawyered claimants are negotiated differently by insurance companies. They know you have someone who will sue them if they don’t act in good faith.
Court Knowledge: Only 4-5% of car accident cases ever make it to court. Everything else gets settled. The possibility of court is what garners fair settlement offers.
Another thing an attorney does is communicate with the insurance company on your behalf. Just that in and of itself is tremendous relief…. Lets you concentrate on recovery, while they do the fighting.
What to Do Next
Hiring a lawyer doesn’t mean your case is going to court.
Most cases settle. For much higher amounts. And the best part… most car accident lawyers work on contingency. You pay nothing up front. They only get paid if you win.
If you have experienced any of the red flags above, STOP negotiating with the insurance adjuster by yourself. Every phone call you make can be used against you.
Final Thoughts
Sometimes ending negotiations and getting an attorney can make all the difference in your case.
You know the indicators. Aggravated injuries, fault arguments, low ball offers, dropped calls and excessive lost wages. Sounds like you need an attorney. Let me sum it up for you:
- Insurance companies will lowball your lost wages claim
- Worsening injuries change your case value
- Fault disputes need a lawyer’s experience
- Stall tactics are a sign to get legal help
Don’t gamble with your lost wages claim. Get the professional assistance you deserve and concentrate on what’s important…your recovery.
