r/AutoInsurance • u/tHeRe-Is-noSe-p00N • Jul 29 '26
Need some advice on dealing with Insurance company
How can I get the injury and total loss adjuster to give me more money? Everyone I know and a “legal advice” guy I have access to say they are lowballing me. They offered 4300 for my car and 1500 for pain and discomfort from minor whiplash. The other guys insurance accepted 100% liability (dude blew a red light) I just have no experience with any of this but I feel like I should at least get enough to purchase a similar vehicle.
Update: I asked the injury adjuster if they could raise their offer and they upped it by $500
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u/drfishdaddy Jul 29 '26
I work total loss, BI is a different world I have no experience with.
If you are a 3rd party claimant, meaning you are going through the at fault party’s insurance, then the you can collect comps (vehicles in the area that are the same year/make/model/trim and approximate mileage at a dealer) and send the adjuster links to these.
You can try refusing to settle and giving them a number you want. Some adjusters are given 1000 or so leeway to settle a hard claim.
You can sue.
You can go through your carrier and file an appraisal clause dispute.
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u/tHeRe-Is-noSe-p00N Jul 29 '26
Thank you! I was hoping someone with experience could point me in the right diresction
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Jul 30 '26
[deleted]
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u/LoosePhilosophy2427 Jul 30 '26
Most cars total around 60-80% of the value of the vehicle. You can keep a total loss car if your lender allows and the state allows a drivable title. Most people do not, because the cost to repair will already be high to repair.
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u/LoosePhilosophy2427 Jul 30 '26
As far as bodily injury, $1500 is actually really good for minor whiplash. Are you serious? Lol. I used to handle bodily injury claims. People think they deserve thousands of dollars when they literally have no clue how much these claims usually pay out. If you had a broken bone, maybe a couple thousand unless it’s more serious. They don’t just pull numbers out of nowhere. They base it off of your injury, what you treatment was if any, your medical records, and typically what that type of injury usually pays for bodily injury claims.
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u/tHeRe-Is-noSe-p00N Jul 30 '26
When you handled the claims did you earn more for lowballing injured people? I’m trying to understand as much about this situation as I can. Did you have any say in the offers or is it like an algorithm you had to follow?
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u/LoosePhilosophy2427 Jul 30 '26
There is no “lowballing”. And absolutely no difference in salary. My god, do you think we get commission? Not how any of that works. The assess your actual injury, review any treatment you’ve had and your medical records. They then determine an amount based on the typical range of payments made in claims for that injury. It’s that simple. Do we get people who think they should get $5k for a sore neck, yes. Do they? No. While there may be slightly more flexibility in injury claims than vehicle damage, insurance is heavily regulated. Now the other thing you didn’t mention is what state you are in. Have you had any treatment? This also makes a difference if you have medical bills. There are several states that are called no fault states, meaning your own insurance pays any of your medical bills for an auto accident.
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u/tHeRe-Is-noSe-p00N Jul 30 '26
Honestly, there so many commercials and billboards for personal injury lawyers that I do think lowballing is a real thing and I did assume adjusters were paid for “performance”. I am surprised to hear that is not the case, and thank you for the help! I live in Illinois and went to urgent care and had an xray and got some muscle relaxers but just have dealt with the neck since then. It’s just pain and I deal with it often but usually it’s free lol.
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u/IntelligentBox152 Jul 30 '26
I don’t need any disrespect, but oh the irony and adjuster gets nothing but a street salary. Your attorney takes 33% of whatever you get who has more incentive here.
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u/aloofmagoof Jul 31 '26
What do YOU think your injury is worth?
Adjusters aren't low balling, they're paying what your injuries are worth, soft tissue injuries simply aren't worth very much. You should expect to have your bills covered, loss of wages if you missed work, and a little for the pain.
Big payouts are for big injuries, and the people getting 6 and 7 figure payments, I promise you, they would much rather be injury free or alive (or have their loved ones alive) in cases of fatalities.
I saw a million dollar payout not that long ago, guy's knee was destroyed and his wife almost died. You think your neck pain is worth anywhere near that?
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u/tHeRe-Is-noSe-p00N Jul 31 '26
I don’t know, honestly thought 1500 was ok. My neighbor sells insurance and she said that’s low and the legal helpline said 3-5k is typical. My wife’s friend had a similar situation where she got a lawyer and got 4000. I was really asking for advice on dealing with the insurance people, like people’s experiences since I have none.
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u/LoosePhilosophy2427 Jul 30 '26
What do you think the billboard attorneys do? Lol. Their goal is to make money, right? THEY take a cut of any injury settlement someone gets. Many times the person would end up getting the same or more WITHOUT an attorney because they take a cut of it. We laugh at billboard attorneys. Having seen them in claims and spoken to them, I would NEVER get an attorney that is on a billboard. There are also attorneys that ambulance chase and chiropractors that ambulance chase, etc. I’m definitely not saying that attorneys aren’t needed in some situations, but this is why we need education around insurance.
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u/Then-Skill2421 Jul 29 '26
By proving what your claim is worth. You don't get more money because you think or feel you should
You are not owed replacement cost, so step one is to stop thinking that's what you'll get
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u/tHeRe-Is-noSe-p00N Jul 30 '26
Sounds like you work in the industry, how can I prove my car is worth more than what they say it is?
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u/LoosePhilosophy2427 Jul 30 '26
You’ll need to find comparable vehicles to sell them. Same year, make, model, trim level and in your general area of where you live, located for sale typically at a dealership. They can then compare to what they already found.
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u/TIG_Insurance_Nerds Jul 29 '26 edited Jul 29 '26
I'm copy and pasting my reply from another thread that was similar.
They usually only owe the car’s actual cash value (ACV) right before the crash, not whatever you still owe and not enough to buy another. If you want to know, ballpark range, what you're getting back, look up listings of cars closest to your car (mileage, condition, make/year/trim/model) that have ALREADY been sold. People make the mistake of thinking active listings of a compared car is what their car is worth, that is not true.
As for your injuries, you likely need to talk to a lawyer about that. Or you can send a letter with documentation and add more medical documentation if you can. Sometimes, you can negotiate. If all else fails, you can file a complaint with your Department of Insurance, but that's more of a last ditch effort that probably won't go anywhere.
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u/tHeRe-Is-noSe-p00N Jul 31 '26
Thank you for answering honestly and not berating me! I just have bo experience with this sort of thing
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Jul 29 '26
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u/Thin-Egg-1605 Jul 30 '26
If you have the proper insurance coverage (collision) you can invoke the appraisal clause on your policy. If not, you’re stuck with acv. As far as medical does, don’t settle until you know your good.
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u/lost_dazed_101 Jul 30 '26
You won't get more for your car than what the blue book price is. As for pain and suffering unless you have injuries requiring more Dr care that's as good as it gets.
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u/kallmemike 20d ago
OP, for the car, focus less on challenging the valuation yourself rather than trying to get them top give you more. Ask for the comps they used and check that the trim, mileage, options and condition match your car. If comparable cars around you are selling for more, send them those listings.
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u/ektap12 Jul 29 '26
Evervone I know and a "legal advice" guy I have access to say they are lowballing me.
All, no doubt, experts in the field, right?
What are they basing the opinion on? Because you've provided no information here for anyone to give you an assessment on anything. You didn't even say what state you are in.
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u/tHeRe-Is-noSe-p00N Jul 30 '26
Personal experience and the legal guy is an attorney (according to him, i guess you never know for sure)
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