Lack of evidence mean a low settlement offer?

Insurance companies sometimes offer a car accident settlement shortly after a claim is filed. In some cases, though, a settlement offer is not made, or the offer is very low. Strong evidence will usually result in a higher settlement offer because the insurance company knows that a jury is likely to give more if the evidence is strong, and bad evidence may result in an initial low settlement offer.

Evidence Isn’t Everything

If you don’t have good evidence, you might still be able to make a good case for a higher settlement offer. A likeable person or a particularly sympathetic person may be able to sway a jury into ruling in their favor. Once the insurance company starts the discovery process, they may realize the victim is someone who the jury will like. While not conclusive evidence, it can be enough to change the insurance company’s offer. For example, a victim who is an elderly woman on her way to church when she is struck by a teenage on his way to a concert may actually be able to get a larger settlement offer than someone with a different accident fact pattern.

Talk to a Lawyer for Advice

While it may seem unfair that cases can revolve around a person’s circumstances or personality, it is a fact of jury trials which insurance companies must consider when they weigh the risks and expense of going to court or making a decent settlement offer. An experienced car accident lawyer can help you put your best case forward and can also help you determine whether you should accept a settlement offer even though it may seem low.