Getting into a car accident can disrupt your life in many ways. Victims often face mounting medical bills, ongoing rehabilitation, and the stress of missing work. Meanwhile, the responsible party may be concerned about a potential lawsuit and what steps to take next.

Because of these pressures, both sides often want to reach a settlement offer from the insurance company quickly. However, accepting or rejecting a settlement offer without fully understanding the implications can result in an unfair or inadequate resolution. It’s important to carefully review any settlement offer and negotiate if necessary, to ensure the compensation is fair and reasonable for your situation.

If you were injured in a San Bernardino County car accident, you should know that settlement offers can be binding and may end your ability to pursue further claims. Negotiating a settlement can be complex and may involve mediation or legal counsel. Rejecting an offer might lead to further litigation, which can be time-consuming but sometimes necessary to obtain adequate compensation.

Before accepting any settlement offer whatsoever, it is highly recommended to consult with a qualified lawyer who can help you understand your rights and negotiate on your behalf. The team here at Gold Firm is available to discuss your options, help you navigate the settlement process, and ensure that any agreement is in your best interest.

Do I Have to Accept the Insurance Adjuster’s Offer?

No, you don’t, and many times, should not.

Imagine this common scenario: You’re on your way to Vegas for the weekend when plans come to a halt, and you get rear-ended by another car on I-15. Aside from blown weekend plans, now you’re stuck at home, in pain, and out of work.

The bills are piling up, and you’re stressed about how to cover the mortgage, rent, or keep food on the table. Then the phone rings. An insurance adjuster representing the at-fault driver is on the line with what sounds like good news: they’re ready to settle your claim and can offer $2,000 right away. They’ll even send someone to your house with the paperwork and promise that the money will hit your bank account the very next day.

It might sound like relief is finally here, but that first offer is almost always too low. Insurance companies count on the fact that people in pain and under pressure might accept quick cash without asking questions. It’s a move designed to limit what they pay, not to cover what you’re going through.

If you’ve been injured in a car accident in San Bernardino, don’t let an insurance company decide what your case is worth. The Gold Firm is always available to help with personal injury and car accident claims, and we can walk you through your options before you sign anything.

Why Taking the First Settlement Offer Can Cost You

Accepting the first settlement offer can feel like progress, but it usually comes with strings attached. Once you agree and sign the paperwork, you give up your right to ask for more money later, even if your injuries turn out to be more serious than you first thought.

Insurance companies understand this, so they often start with a low number. The adjuster already has a range in mind before even contacting you – they have corporate formulas for this – but begins at the bottom, leaving themselves room to increase the offer and hoping you’ll take the lowball offer without asking questions.

You might not know how those numbers are calculated or what’s missing from the offer, but a skilled San Bernardino car accident attorney can help you figure out that equation.

How to Estimate the Value of Your Injuries

Before deciding whether a first settlement offer is fair, it’s important to understand what your injuries might be worth. Medical bills, lost income, rehab expenses, and vehicle repairs are all examples of costs that can be calculated. These are called economic damages, and both you and the insurance company will try to total them up, but you should never assume their math is accurate.

In California, non-economic damages may also apply. These include pain, emotional strain, reduced ability to work, or the loss of personal connections. Since these losses don’t come with receipts, a lawyer must rely on evidence to help estimate their value. Some insurers use a formula to guess this amount by multiplying the economic costs by a fixed number. That approach often falls short, especially in serious or long-term injury cases.

Every accident is different, and only an experienced lawyer can help build a range that reflects your specific losses. We can help you understand your options and pursue fair compensation in personal injury and car accident cases.

Non-Economic Damages Cap

As of January 1, 2025, the cap on non-economic damages for non-fatal cases is $430,000. In cases involving a death, the maximum increases to $600,000.

These limits won’t stay the same; each year they’ll go up until they reach $750,000 for non-fatal claims and $1 million for fatal ones by 2033. This gradual increase gives families and individuals more room to recover compensation tied to pain, suffering, or loss that doesn’t come with a bill or receipt.

What to Expect After Turning Down the First Settlement Offer

As we already know, insurance companies make their first settlement offer lower than what your case may be worth. They expect some back-and-forth, so instead of accepting it, your lawyer should push back with a strong counteroffer.

If your estimated range is $40,000 to $70,000, starting near the top end gives you more room to negotiate without getting boxed in. Settling a car accident case works a lot like haggling over the price of a car where each side makes moves until they land on a number they can both accept.
Throughout the process, your attorney will explain why your number is reasonable by pointing to medical bills, lost income, and the impact on your life.

If the second offer still isn’t close, or if talks stall completely, you don’t have to settle. A resolution isn’t automatic, and there are no guarantees. If the insurance company digs in, you can walk away and take the case to court. Nothing moves forward without your say-so, your attorney is unable to accept any settlement offer without your permission.

What Can Go Wrong If You Settle Too Soon

Settling a case early can seem like the fastest way to move forward, but it can leave you at a disadvantage. You might get money quicker, but accepting an offer before your medical treatment is complete can lead to real problems.

In some cases, especially those involving serious injuries like head trauma, it may take months or longer to understand what kind of care you’ll need and how much that will cost. If you settle before you have that information, you risk coming up short down the road.

Also, once a settlement is signed, the case is closed. You give up the right to sue, even if your injuries are more serious than first thought. If the insurance company won’t offer a fair deal, it may be smarter to hold off or take your case to court. The Gold Firm is always here for people who need help after a personal injury or car accident in San Bernardino.

You Can Still Negotiate a Settlement After Filing a Lawsuit

Some people hesitate to dismiss an insurance company’s offer and file a lawsuit because they worry it means going straight to trial. But filing a case doesn’t lock you into a courtroom battle.

In San Bernardino, most car accident lawsuits don’t go before a jury. Settlement talks can continue throughout the entire process, and it’s common for both sides to keep negotiating until the very end. Once your case is in litigation, these discussions usually involve your lawyer, the driver who caused the crash, and their insurance company.

The process becomes more structured, with legal procedures in place, but the goal of reaching a fair resolution stays the same. Let’s review how these settlement negotiations differ from negotiating directly with the insurance company during your initial claim.

Discovery Often Opens the Door to Settlement Talks

One step in a lawsuit is called discovery. This is when both sides exchange evidence. The lawyer for the other side, usually hired by the insurance company, will ask your lawyer to share any proof you have to support your claim. Your lawyer will do the same, requesting the records and documents they plan to use in defense.

When everything is out in the open, it’s easier to have honest discussions about resolving the case. If your side has strong evidence, the insurance company might decide it’s better to settle than risk going to trial. The Gold Firm has seen how discovery can be a turning point in many car accident and personal injury cases.

Avoiding Trial Is in the Insurance Company’s Best Interest

Once your lawsuit is filed, the idea of going to trial becomes much more real. If you and the insurance company can’t reach a settlement, your case will be placed on the court’s trial schedule.

That means both sides will have to spend time and resources getting ready for litigation. Preparing for trial is no small task, and insurance companies often prefer to avoid that cost. This can lead them to make a better offer, especially if they know your attorney is prepared and ready to take the case to court.

Settling Lets You Decide the Terms, Not the Court

When a car accident case heads to trial, the jury decides the outcome after hearing both sides of your injury claim. They have the final say.

Juries are made up of everyday people without legal training, and while there’s a chance they could award much more than you were originally offered, there’s also the risk they’ll side with the other party entirely, leaving you with nothing. Once the jury makes its decision, the chance to settle is gone. That’s why many cases are resolved through settlement negotiations instead.

Reaching a settlement puts you in control of the outcome; you know the amount, the terms, and what to expect. The insurance company does too. But if they refuse to offer a fair amount, the case may proceed.

Let’s look at this hypothetical scenario:

• An attorney requested $350,000 to cover their client’s losses, but the insurance company capped their offer at $100,000.
• The matter went to trial, and the jury awarded $750,000.

Insurers are familiar with this process; they go to court regularly and weigh their chances. They may only risk a trial if they think the injury wasn’t as serious as claimed or if the plaintiff won’t lower an unreasonable demand. Still, not every lawsuit ends with a settlement, so it’s important to have a lawyer who won’t pressure you into taking less just to wrap things up promptly.

The Gold Firm stands ready to support those in San Bernardino with car accident and personal injury claims, whether working toward fair settlement terms or continuing through trial when necessary.

Talk to a San Bernardino Car Accident Attorney Before Accepting an Insurance Settlement Offer

Settlement talks after a car accident can get complicated fast, and it takes real experience to know when to push back or when it makes sense to move forward. If you’ve received an initial offer from an insurance company following a car accident, it’s a good idea to talk to one of our San Bernardino car accident lawyers at your earliest convenience.

The team at the Gold Firm has worked with many individuals in San Bernardino who were dealing with motor vehicle accidents that weren’t their fault.

We’re here to help with car accident and personal injury cases whenever you need us. Your first consultation is free, and we don’t charge anything upfront. You won’t owe anything unless we recover money for you.

Give us a call or send a message to get started.