Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (2024)

Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (1)

Car accidents often lead to painful injuries, expensive medical bills, and costly vehicle damage. If you were involved in a car accident, you may be interested in recovering compensation for these losses by negotiating a settlement with Allstate.

Obtaining a favorable settlement after a car accident is often a complicated, frustrating process. Allstate may undervalue your total damages and try to give you less than you need and deserve. They may also offer a low settlement quite quickly, and these initial settlements are often much less than the injured person needs.

To negotiate a settlement that adequately covers your costs, you will need to fully understand what you are asking for and what the insurance policy covers. You will need ample documentation of your expenses and losses. Lastly, you will need to be persistent and resist the pressure to accept a quick, insufficient offer.

Know Your Total Damages Before You Negotiate a Settlement With Allstate

Per CC Art. 2315, at-fault parties are required to compensate injured parties. A negligent driver may have caused your accident, but it is usually a driver’s insurance company that pays for damages.

Auto insurance companies are supposed to reimburse car accident victims for their losses. However, insurance companies often want to reduce the amount of money they pay out to car crash victims as much as possible. Before you begin negotiating, it is helpful to understand the types of damages to which you are entitled.

Physical Injuries

If you sustained broken bones, soft tissue injuries, head or back injuries, organ damage, or any other type of bodily injury in the crash, you will want to seek compensation for the medical expenses associated with the injuries, including bills related to:

  • Emergency room treatment
  • Ambulance transportation
  • Hospital care
  • Medication
  • Rehabilitative care
  • Medical devices such as crutches or a wheelchair

Property Damage

Your vehicle will likely need to be repaired after the crash. If your car needs to be replaced, your lawyer will make sure your settlement includes the actual cash value of the vehicle.

Kelly Blue Book is a helpful tool for finding out what your car, truck, van, or other vehicle is actually worth, but it may be helpful to get a professional valuation. Do not let Allstate undervalue your property damage costs.

Lost Income and Reduced Earning Capacity

If you had to miss work because of the accident, your attorney can calculate the wages you missed out on. You may still be entitled to compensation for lost income even if you took paid time off.

If your injuries led to a disability or a reduced ability to work that diminishes your earning capacity, you may be reimbursed for the difference between your pre-accident and post-accident earnings.

Pain and Suffering Damages

Many car accident victims suffer from non-financial consequences in addition to financial losses like vehicle repair and medical bills. Your attorney will include demands for personal suffering like:

  • Physical pain
  • Emotional distress
  • Mental Anguish
  • Lost enjoyment of life
  • Disfigurement
  • Loss of mobility
  • Physical impairment

Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (2) Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (3)

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Tips for Negotiating a Settlement with Allstate

Dealing with an insurance company like Allstate takes work. Here are some tips to follow that may increase your chance of a favorable settlement:

  • Document everything. Make sure you keep medical bills, receipts, vehicle repair estimates, and all other documents related to your losses.
  • Gather evidence. Take photographs of vehicle damage, injuries, and other property damage. Get contact information from witnesses. Save your dash camera footage.
  • Do not give the insurance company a recorded statement. The insurance company will try to use this statement against you. Your attorney can guide you through an official statement that can’t be manipulated.
  • Do not admit fault. Avoid apologizing for the accident or implying that it was your fault.
  • Do not take the first offer from Allstate. Usually, the initial offer is inadequate and does not cover all your losses. If you accept an offer and later realize that your financial losses are greater than the settlement, you cannot go back and ask for more money.
  • Do not let your emotions get the better of you. Being involved in a car crash is already stressful, and settlement negotiations may intensify your stress. However, it is best to remain calm and avoid making decisions based on emotion.
  • Work with a lawyer. Personal injury lawyers know how to handle insurance companies like Allstate. Make sure you choose an attorney with experience in car accident settlement negotiations.

Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (4) Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (5)

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Our Personal Injury Lawyers Can Help You Negotiate a Settlement with Allstate

Allstate is supposed to compensate car accident victims for damages. However, the company may try to settle for a lower amount than you need.

At Laborde Earles Injury Lawyers, we know how to fight for our clients’ right to a fair settlement. We will advocate for you and handle communications with the insurance company, so you do not have to. Call us today to learn more about how we can help you.

Negotiating a Settlement With Allstate | Laborde Earles Injury Lawyers (2024)

FAQs

How does Allstate calculate pain and suffering? ›

It uses 720 different diagnoses factors as well as 12,500 other factors that help calculate the pain and suffering portion of a settlement. Colossus also factors into the settlement calculation which county the accident occurred in and what other similar cases have settled for in the area.

How to negotiate a settlement with Allstate? ›

Tips for Negotiating a Settlement with Allstate
  1. Document everything. ...
  2. Gather evidence. ...
  3. Do not give the insurance company a recorded statement. ...
  4. Do not admit fault. ...
  5. Do not take the first offer from Allstate. ...
  6. Do not let your emotions get the better of you. ...
  7. Work with a lawyer.

How does settlement negotiation work in an injury case? ›

Either party may make an initial offer to settle the claim. The party receiving the offer may accept the settlement offer or deny the offer. In addition, a counteroffer may be made based on the initial offer. In most personal injury cases, the negotiation process generally begins with a demand letter.

How do you negotiate a fair settlement? ›

How to Negotiate the Best Deal on Your Settlement Agreement
  1. Prepare Well for the Settlement Agreement Negotiation. ...
  2. Decide which negotiation tactics to use. ...
  3. Ask for a Protected Conversation with your Employer. ...
  4. Don't ask for too much. ...
  5. Don't ask for too little. ...
  6. Find out how the settlement payments will be taxed.

Is Allstate good about paying claims? ›

J.D. Power Claims Satisfaction: For claims satisfaction, Allstate scored a 882 out of 1000 which is slightly higher than the national average. NAIC Complaints Index: According to the NAIC, Allstate has a very high complaint index of 3.06 which is 2.06 above the average for insurance companies across the U.S.

What is covered in pain and suffering? ›

Pain and suffering is a term that applies to the noneconomic aspect of a plaintiff's damages claim in a personal injury case. It typically includes physical pain, as well as mental anguish, and other physical, mental, and emotional damages stemming from a personal injury.

Should I counter a settlement offer? ›

It's okay to make a counteroffer when an insurance company offers a settlement, but you have to make an educated decision before moving forward. These are some of the questions you should go over with your attorney: Is the counteroffer a sufficient settlement offer?

How long does it take to negotiate a settlement? ›

When it comes to determining how long a settlement negotiation will take, the answer can vary. The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve.

Can you negotiate a settlement amount? ›

You can try to negotiate a debt settlement on your own, but it's typically done through third parties like debt relief companies, which you hire to negotiate on your behalf. With this method, you will make payments to the debt settlement company rather than your creditors, along with any fees.

How do I ask for a higher settlement? ›

Lawyers Negotiate for Higher Settlements by Assessing Damages Accurately. Nothing is more important for negotiations than accurately assessing a client's damages. This step includes gathering information and documentation from expert witnesses, such as medical professionals and economists.

Why do lawyers often try to negotiate a settlement? ›

Settlements are a preferred method for many people involved in a legal dispute. They typically take much less time than taking the dispute through the court system. Each party can get a satisfactory resolution to the case. Additionally, with a settlement agreement, the parties benefit from a guaranteed outcome.

How do you ask for more money in a settlement? ›

Get the Adjuster to Justify a Low Injury Settlement Offer

Instead, ask the adjuster to give you specific reasons why the offer is so low, and make notes of what he or she tells you. Then write a brief letter responding to each of the factors the adjuster has mentioned.

What is considered a good settlement? ›

In general, if you can get close to judgment value of the case in settlement, then it should be considered a very good settlement.

What is a reasonable amount to negotiate? ›

Consider a range between 5-7% above.

One where both parties come together to compromise on one another's necessities. State your case clearly, and communicate to your potential employers why hiring you at your offered figure will be worthwhile. Any counteroffer will almost certainly come with another counter.

What is the 408 rule of settlement negotiations? ›

This rule as reported makes evidence of settlement or attempted settlement of a disputed claim inadmissible when offered as an admission of liability or the amount of liability. The purpose of this rule is to encourage settlements which would be discouraged if such evidence were admissible.

What is the formula for pain and suffering? ›

The Multiplier method adds up all incurred costs like medical bills, lost wages, etc. along with inevitable future costs. It then takes that total and multiplies it 1.5 to 5 times that amount depending on the severity of the pain, suffering, and emotional distress.

How to calculate insurance claim settlement? ›

The general formula most insurers use to measure settlement worth is the following: (Special damages x multiplier reflecting general damages) + lost wages = settlement amount.

Why does Allstate deny so many claims? ›

Common reasons for denial may include the following: Insufficient Coverage: Your insurance policy might not cover the type of claim you submitted, or the policy limits might have been exceeded. Policy Exclusions: Your policy may contain specific exclusions that prevent your claim from being covered.

What is the Allstate class action settlement? ›

Aug 16 (Reuters) - Allstate (ALL. N) , opens new tab agreed to pay $90 million to settle a class action lawsuit by shareholders who accused the insurer of defrauding them by concealing that it lowered underwriting standards to boost growth.

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