Insurance companies for major corporations serve a variety of purposes, including the negotiation of settlements with injury victims. Injuries from an accident can happen in many settings, including stores, private residences, office buildings, workplaces, and outdoor areas like parking lots and sidewalks. If you’ve been injured on someone else’s property, you would file a claim with the owner’s insurance company and wait to hear back from an insurance or claims adjuster.
However, some companies choose to handle these issues on their own, meaning they pay the victims directly for their monetary losses from an accident. But they still need a company to help them process the countless claims they receive throughout the year. This purpose is served by third party administrators like Gallagher Bassett, which handles insurance claims for car accidents, workplace injuries, and premises liability cases.
As someone that was recently injured, you have probably received a settlement offer from Gallagher Bassett by now, and unfortunately, it’s for an amount that’s inadequate for the losses you’ve suffered. So, how do you handle a lowball settlement offer from Gallagher Bassett?
What are my Rights if Gallagher Bassett Offers me a Low Settlement?
It’s not unusual to feel emotions like anger, frustration, and anxiety when you get a lowball offer from an insurance company. But it’s important to look at things rationally, rather than see an insurer’s offer as a personal attack. After all, the insurance adjuster’s job is to close your case as soon as possible, for the lowest amount they can get you to accept. To them, you are no different than the hundreds and thousands of other claimants that are seeking damages from an accident.
However, this doesn’t mean that you are powerless when it comes to an insurance claim with Gallagher Bassett. You have the right to negotiate with the claims adjuster for a payout amount that’s closer to what you actually deserve. So, how do you go about this process without creating more headaches for yourself down the road?
Our Recent Verdicts and Settlements
$22 Million
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$1.1 Million
$734,851
$2.3 Million
What can I Do if I Want to Negotiate a Higher Settlement?
Making a counter offer is the first step in the negotiation process for an accident claim. This should always be done in writing through a formal letter that includes the following:
- A politely worded, but firm statement to indicate that the offer is not acceptable.
- Reasons as to why the offer is too low, i.e., list of the damages you are seeking and the specific amounts you are entitled to.
- Rebuttals to any false or inaccurate statements from the offer letter from Gallagher Bassett.
- The amount of compensation you are seeking and references to included documentation (medical bills, proof of lost income, property damage, etc.).
While you can do this yourself, we strongly recommend that you discuss your legal options with an attorney, who can help you to draft a professional and effective letter. They can also provide statutes and legal arguments to strengthen your claim, and point out issues in your case that may help you obtain even more money than you had anticipated. Guidance from a personal injury lawyer is available 24/7 here at Normandie Law Firm, so contact us right away if you received a low settlement offer from Gallagher Bassett.
What are my Options if They Refuse to Negotiate?
The process of exchanging offers and counter offers can take months, perhaps even a year or longer, as everything must be done in writing. In addition, it can take insurance companies anywhere from 3 to 6 weeks to respond to your demands, so there are periods during the legal process where it may seem like nothing is happening. But what if several months have gone by, and you and Gallagher Bassett are no closer to reaching a settlement on your case?
A lawsuit is the natural course of action in these situations, though exactly when you should take this route is something you’ll need to discuss with an experienced personal injury lawyer. Filing a lawsuit does open up the possibility of taking your case to trial, but this is rare; over 90% of all lawsuits are resolved through a settlement, usually through mediation. But it does let the other side know how serious you are, and that you are willing to do whatever is necessary to hold the defendant accountable for their actions.
Time Limit to File a Lawsuit
One thing that’s important to keep in mind is the amount of time you have to file a lawsuit against the at fault party. Known as the statute of limitations, this time period is two years for most types of personal injury cases. With very few exceptions, the day of your accident is the starting date for the two-year window, so it’s important to initiate an injury claim as soon as you can if another party has caused you harm and suffering.
We want to remind you that any legal action regarding your claim is completely up to you. We’re here to provide advice and guidance based on decades of experience in the recovery of accident injury settlements. But the choice to accept a settlement or take your case to trial is up to you at the end of the day. However, we welcome the chance to help you make an informed decision and do everything in our power to fight for justice on your behalf.
Can I Sue the Insurance Company if They’re Holding up my Claim?
Yes, it’s possible to file a bad faith insurance lawsuit against Gallagher Bassett if they are taking deliberate actions to sabotage the claims process. But acts of bad faith by an insurance company involve very specific actions, like engaging in stall tactics to delay the settlement process and force you into a trial. Keep in mind that you will need substernal proof to back up your claims, which is incredibly challenging.
It’s best to hire a lawyer with experience in bad faith insurance tactics if you plan on filing this type of lawsuit. Even better, you should have a thorough discussion with your attorney to learn about the legal options that are available to you, as a lawsuit should always be the last resort. It’s possible that there are less costly and time-consuming ways to resolve your issues with Gallagher Bassett, like filing a complaint with the California Department of Insurance. For more information on what you can do if an insurance company is acting in bad faith, contact our office to schedule a free case review.
My Lawyer is Pressuring me to Settle – What Should I Do?
If you have a lawyer already, you may be at the point where you are butting heads over the insurance company’s settlement offer: you think the offer is too low, but your lawyer is urging you to accept the money and move forward with your life. If you’re wondering what you should do, we are happy to help with a free second opinion on your accident case.
We have the knowledge and experience to determine whether you are receiving a fair offer from Gallagher Bassett. But we can also help you with any other issues you are having, including steps you can take if you are not happy with the law firm that’s currently representing you. There is no charge for this consultation, so please don’t hesitate to call us if you would like to schedule a free second opinion.
Contact the Accident Injury Attorneys of Normandie Law Firm
We know firsthand how difficult it can be to fight against an insurance company when you are trying to recover your losses from an unexpected injury. That’s why legal representation is so valuable when you are trying to obtain a fair amount of compensation from an accident claim. Our law firm is more than ready to take on your case and ensure that you receive the settlement you deserve by law.
The cost of legal services will not be your problem if you decide to hire us. We operate under the Zero Fee Guarantee, which allows us to bill the defendant for all legal fees. That means you won’t ever receive a bill from us, as we only get paid by recovering your settlement award.
To learn more about the services we can offer you, please take a moment to contact our law firm.
Other Pages on Our Website Related to This Topic
How to Settle a Claim with Gallagher Basset Insurance
What Is the Average Value of a Gallagher Basset Claim?
Gallagher Basset Insurance Attorneys
