
Negotiating with your car insurance company is one of the best courses of action if you're facing a low insurance payout.
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The purpose of insurance is to protect you from significant financial losses, so it can be frustrating when your insurer offers you a payout that is too low to cover your damages. Unfortunately, this is not uncommon — insurance is a business, and insurance companies are incentivized to pay out as little as possible. However, there are also other reasons a settlement offer may be undervalued.
The good news is that you don’t need to accept the first offer you receive from your insurer, and there are steps you can take to help you get a payout you feel is fair.
Once your insurer finishes processing your claim, you’ll receive an initial settlement offer. The word initial is key here — this is the first offer the insurance company is making based on its best judgment and the information it has, but you are not obligated to accept it. Think of it like any other negotiation. Once the first offer is on the table, if you feel it’s too low, you can go back to them with additional information or arguments to ask for more.
To determine whether it’s too low and what a reasonable offer would be, make sure you have a clear idea of what costs you need to cover — whether you were in an accident and need to pay for car repairs, or your car was stolen and you need a replacement, or whatever your situation may be.
Depending on your injuries and property damage, you may need to, for example, get estimates from several auto shops for the repair work you need done, gather all your medical bills, or compile compelling evidence that your car’s ACV is more than the insurer is estimating.
Keep in mind that unless you have new car replacement coverage on your policy, if your car is totaled or stolen, your insurer will pay you the actual cash value of the vehicle at the time of the incident — not the amount you paid for it or the cost to purchase a new one.
If you receive what you perceive to be a lowball offer from your insurance company, here’s what you can do about it.
The first course of action is to try to negotiate directly with your insurer. Send a written response asking for more details about how they arrived at their settlement amount so that you can assess if certain costs were underestimated or details were missed.
Once you have this information, you can put together a counteroffer that includes any additional documentation you may have to support a higher payout, such as documents related to your car’s value, additional photos of the damage, estimates from repair shops, medical records, and police reports.
Your insurer may accept your counteroffer, or it may provide one of its own. This may take a few rounds of back and forth, but if you cannot come to an agreement, there are other steps you can take.
Try to keep as much of your correspondence as possible in writing to keep a record of the negotiation process. Most importantly, ensure that you get the terms of the eventual settlement agreement in writing to confirm that all parties agree and avoid discrepancies.
Most insurance contracts include an appraisal clause that provides a path for a resolution to a claims dispute. Note that this course of action is only appropriate if your insurance company has agreed to cover your claim, but you disagree on the payout amount.
Under this clause, you and your insurer will each hire an independent appraiser to assess your car’s ACV, though the cost for your appraiser will come out of your own pocket. If the appraisers cannot agree on the value, they will select a neutral third party to act as the umpire. Once a decision is reached, it is usually binding for both parties.
For complex claims that you are not able to resolve on your own, it may be beneficial to seek out legal advice. A lawyer can negotiate for a better settlement on your behalf or, if needed, help you file a lawsuit.
Keep in mind that legal fees can quickly add up, and you may end up needing to pay your lawyer a significant portion of your insurance payout if you are successful. Weigh these costs against the amount you’re hoping to get to help determine if hiring a lawyer is worth it.
If you feel strongly that the insurance company is acting unfairly and is not upholding its responsibilities as stated in your contract, a last resort could be to file an official complaint with your state’s department of insurance. Each state has its own department website where you will find more information on how to file a complaint.
This option is not likely to lead to a fast resolution, but it can be helpful if you need a regulatory body to get involved. Before filing a complaint, make sure you understand what your state’s department is and is not capable of doing. For example, its role is to make sure that insurance companies follow the law and abide by their contracts, but it will not be able to help determine who was at fault in an accident or act as your lawyer.
Financially speaking, it’s in the insurance company’s best interest to pay the lowest amount you’ll accept, as this saves them money. There’s a balance to be struck, since their goal is also to retain customers, but many companies may lowball their first offer and hope that you won’t push back.
It’s also possible that the insurance company is missing important information regarding your injuries or property damage, or is underestimating the cost of repairs.
Payouts involving collision and comprehensive coverage, which cover damages to your own vehicle, work a bit differently than liability coverage in that the coverage limits are not a set dollar amount. Instead, they are based on the actual cash value (ACV) of your vehicle, which can leave some room for interpretation and negotiation if your car is totaled.
Ideally, insurance payouts would always be sufficient, and there would never be a need to dispute them. In reality, knowing about your options when you receive a settlement offer can help you obtain the amount you’re owed.
A too-low settlement means that your insurance company has approved your claim but is offering less money than you need to cover your expenses. If you’re struggling to get any coverage, we’ve also detailed what you can do when your insurer outright denies your claim.
Every year, J.D. Power ranks auto insurance providers on customer satisfaction with the claims process. Survey results are based on responses from nearly 10,000 customers who recently filed a claim. It measures the following aspects of claims satisfaction, in order of importance: trust, fairness of settlement, time to settle claim, people, communication, ease of resolving claim, ease of starting claim, and digital channels.
The average score in the study is 697 out of 1,000 points. The following companies scored above-average, meaning they generally pay out claims in a fair, timely, and communicative manner1.
Company | Score | Full Coverage Monthly Average |
---|---|---|
NJM | 782 | Data unavailable |
Amica | 746 | $198 |
Erie | 733 | $137 |
Nationwide | 728 | $151 |
USAA* | 726 | $117 |
Liberty Mutual | 717 | $255 |
State Farm | 710 | $181 |
Auto Club of Southern California (AAA) | 706 | $251 |
Farmers | 706 | $248 |
CSAA Insurance Group (AAA) | 704 | $251 |
The Hartford (AARP) | 701 | $224 |
*USAA technically does not qualify to rank because it does not meet study award criteria — this is likely because USAA is only available to military members, veterans, and their families.
Our Winners: Among these providers, State Farm, USAA, Erie, and Amica are some of our auto insurance top picks for customer satisfaction. If you’re shopping for auto insurance after a recent claim, it’s worth comparing quotes from multiple companies to see who will offer you the best deal.
You count on your insurance company to help you ease the financial burden of medical expenses and car repairs, but you may not always get the payout you’re hoping for. If you feel that your insurer is lowballing the settlement offer, you can make a counteroffer and start the negotiation process. In more extreme cases, you may want to hire a lawyer or an independent appraiser. Remember that ultimately, though it can be tempting to push for more, your goal should be a fair payout that covers the costs associated with your car accident or other covered incident.
To get the most from an insurance settlement, make sure you accurately document any damage to your vehicle and take detailed photographs to send to the insurance company. If you feel that the settlement offer is too low, negotiate with the insurance company and see if there is any additional information you can provide to support your request for a larger payout. In certain situations, it may make sense to consult a lawyer to help you get a fair settlement.
When you reject a settlement offer, you’ll continue to negotiate with the insurance company. This usually involves sending a counteroffer along with additional documentation that the insurer can review. It may have been missing important details that led to an undervalued settlement. If you cannot come to an agreement, you may need to enter into litigation to resolve the claim.
A low settlement offer is one that does not adequately cover your medical expenses or damages. The goal with an insurance settlement shouldn’t be to get as much as you possibly can, but to have your repairs or medical bills covered. Depending on the claim, make sure you have all the necessary information needed to know what a reasonable settlement is. Get several repair estimates, research the actual cash value of your vehicle, etc., so you can go back to the insurance company if their initial offer is not sufficient.
Yes, auto insurance companies usually settle out of court because trials are expensive and take time. It’s generally in every party’s best interest to avoid one. In complex cases where no agreement can be reached, a lawsuit may be necessary, but insurers will try to avoid that outcome.
Auto Insurance Repair Cycle Times Improve but Price Increases Take a Toll, J.D. Power Finds. NAIC. (2024).
https://www.jdpower.com/business/press-releases/2024-us-auto-claims-satisfaction-study