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After a car accident, it usually does not take long before an insurance adjuster calls with a settlement offer. It can be tempting to accept quickly, especially when medical bills are piling up and your car is sitting in a repair shop.
But agreeing to a settlement is a permanent decision, and once you sign, you generally cannot go back and ask for more later, even if your injuries turn out to be worse than expected.
At Mulembo Law PLLC, we are proudly serving Tucson and all of Arizona, and we regularly help clients figure out whether a settlement offer is fair or whether it is worth pushing for more.
Here is what to think about before you sign anything.
Why Insurance Companies Move Fast
Insurance companies are businesses, and their goal is to close claims for as little money as possible.
A quick, low settlement offer shortly after an accident is a common tactic, especially before you have had a chance to fully understand your injuries or talk to an attorney.
Early offers are often calculated using only the information available in the first few days after the crash, which rarely accounts for:
- Injuries that take days or weeks to fully present themselves, such as soft tissue damage or concussions
- The full cost of ongoing treatment, physical therapy, or future surgeries
- Lost income if your injuries keep you out of work longer than expected
- Pain and suffering, which is not reflected in medical bills alone
Once you accept a settlement and sign a release, your case is closed.
You typically cannot reopen it even if you later discover your injuries were more serious than they seemed at first.
Questions to Ask Before Accepting a Settlement
Before agreeing to any offer, it helps to slow down and consider the following:
Have you finished medical treatment? If you are still receiving care, it is difficult to know the true value of your claim. Settling before you reach maximum medical improvement often means leaving money on the table.
Does the offer cover more than just medical bills? A fair settlement should account for lost wages, reduced earning capacity, property damage, and pain and suffering, not just your emergency room visit.
Has fault been fairly assigned? Arizona follows a pure comparative negligence rule under A.R.S. § 12-2505, which means your compensation can be reduced by your percentage of fault, but you can still recover damages even if you were mostly responsible for the accident. Insurance companies sometimes try to inflate your share of fault to justify a lower offer, so it is worth having someone review how that percentage was calculated.
Do you understand what you are giving up? Most settlements require you to sign a release that waives your right to pursue any further compensation related to the accident, including from claims you did not know about yet.
How much time do you have? In Arizona, you generally have two years from the date of the accident to file a personal injury lawsuit under A.R.S. § 12-542. While that may sound like plenty of time, evidence and witness memories fade quickly, so it is best not to wait too long to get a case evaluated.
When It Makes Sense to Negotiate Further
If your injuries are significant, if you are still undergoing treatment, or if the offer does not seem to reflect your actual losses, it is usually worth negotiating rather than accepting the first number offered.
An attorney can help by:
- Calculating the full value of your claim, including future medical needs
- Gathering additional evidence to support a higher demand
- Handling communication with the insurance adjuster so you are not pressured into a quick decision
- Taking the case to litigation if the insurer refuses to offer a fair amount
Because most personal injury attorneys work on contingency, meaning you do not pay unless you recover compensation, there is little downside to having your case reviewed before you sign anything.
When It Might Make Sense to Accept
Not every case needs to be drawn out. If your injuries were minor, you have completed treatment, the offer reasonably covers your medical bills and lost wages, and there is no dispute over fault, a prompt settlement may genuinely be in your best interest.
The key is making that determination with full information rather than accepting the first offer simply because it arrived quickly.
Get Your Settlement Offer Reviewed Before You Sign
Whether you were involved in a minor fender bender or a serious collision, it is worth having your settlement offer reviewed before you agree to anything.
Learn more about how we handle these claims on our Auto Accident service page, part of our broader Personal Injury practice.
Talk to a Tucson Car Accident Attorney Today
If you were involved in a car accident anywhere in Tucson or elsewhere in Arizona and an insurance company is pushing you to settle, do not sign anything until you understand what your claim is really worth.
Call Mulembo Law PLLC today at (520) 462-5110 or schedule a consultation online to have your case reviewed.
