How Can You Challenge a Lowball Settlement Offer After a Truck Crash?
If you were recently hurt in a truck accident, you might think the hard part is over once the insurance company calls with a settlement offer. Unfortunately, that first offer is rarely enough to cover what you've actually lost.
Insurance adjusters count on you being stressed, in pain, and desperate for a quick resolution. They hope you'll accept pennies on the dollar just to make the phone calls stop. But you don't have to accept an unfair deal.
At the Law Office of Frederick K. Wilson II, I support people just like you. I have spent years fighting for victims across Texas, and I know exactly how insurance companies operate. What sets my firm apart is a personal commitment to treating you like a neighbor, not a case number. I handle the heavy lifting so you can focus on healing.
I serve clients throughout Houston, Katy, Sugar Land, The Woodlands, Pearland, Pasadena, and Baytown. If you live or work in these communities and are dealing with the aftermath of a serious truck collision, you need an attorney who understands the local courts and the aggressive tactics used by commercial trucking insurers.
You need someone who will look at that initial lowball offer and say, "Not good enough." I'm here to show you how to fight back against unfair settlements, but remember: the most effective way to challenge them is with a dedicated attorney by your side.
Why Insurance Companies Offer Low Settlements
To effectively fight a low offer, you first need to understand where it comes from. Insurance companies are businesses first. Their primary goal is profit, which means paying out as little as possible on claims.
When a commercial truck is involved, the stakes are much higher than in a standard car wreck. Trucking policies often have limits in the millions, which means the insurer has a strong incentive to protect its bottom line.
The "Quick Settlement" Trap
Adjusters often swoop in immediately after the crash. They might sound friendly and concerned, asking how you are feeling. Don't be fooled. They want to catch you before you realize the full extent of your injuries.
Many truck accident injuries, like soft tissue damage or spinal issues, don't show their full symptoms for weeks. If you sign a release now for a few thousand dollars, you waive your right to ask for more later when you need surgery or physical therapy.
Downplaying Liability
Another tactic involves shifting blame. They might argue you were partially at fault for the crash or claim your injuries were pre-existing. In truck accidents, liability can be messy.
It isn't just the driver; it could be the trucking company, the cargo loader, or the maintenance crew. Insurers use this confusion to minimize their payout, hoping you won't have the resources to prove otherwise.
Steps to Take When You Receive a Lowball Offer
Receiving an insulting offer can be frustrating, but it is just the beginning of the negotiation, not the end. Here is how I advise my clients to handle it.
1. Don't React Emotionally
It is easy to get angry when an adjuster tells you your pain and suffering are worth almost nothing. However, getting angry on the phone won't help.
Stay calm. Tell them you need to review the offer in writing and will get back to them. Do not accept it, do not deposit any checks they send (which can be seen as acceptance), and do not sign anything.
2. Ask for Justification
Make the adjuster explain their math. Ask them specifically, in writing, how they arrived at that number. Did they ignore certain medical bills? Did they devalue your lost wages? Forcing them to detail their reasoning often reveals gaps in their evaluation that we can exploit later.
3. Gather Comprehensive Evidence
To demand more money, you must prove you deserve it. This goes beyond just medical bills. We need to look at the whole picture of how this crash altered your life.
Medical records: Get everything. Doctor's notes, MRI results, prescription costs, and estimates of future treatment.
Lost income: Pay stubs are a start, but we also need to calculate lost earning potential if you can't return to the same job.
Non-economic damages: Keep a journal. Document the days you couldn't pick up your kids, the sleepless nights from pain, and the hobbies you've had to give up. This "pain and suffering" is often where insurers try to cut corners the most.
4. Send a Formal Demand Letter
This is where having an attorney becomes vital. We will draft a demand letter that outlines the facts of the accident, details your injuries, provides evidence of liability, and states a specific dollar amount that we would accept. This resets the negotiation on our terms, not theirs.
Texas Laws That Impact Your Settlement Challenge
Understanding the legal ground we stand on is essential for pushing back against insurance giants. Texas law has specific provisions that affect how we handle these disputes.
Comparative Negligence
Texas follows a "modified comparative negligence" rule (specifically, the 51% bar rule). This means you can still recover damages even if you were partially at fault, as long as your percentage of fault is not more than 50%. However, your settlement will be reduced by your percentage of fault.
Ideally, the insurance company wants to pin 51% of the blame on you so they pay nothing. Or, they might argue you are 40% at fault for slashing their offer by nearly half.
Challenging their assessment of fault is a major part of fighting a lowball offer. We use accident reconstruction data, black box recorders from the truck, and witness statements to prove the truck driver was the primary cause.
The Stowers Doctrine
This is a powerful tool in Texas insurance law. Under the Stowers doctrine, if we send a settlement demand that is within the policy limits and reasonable, and the insurance company rejects it, they can be held liable for any judgment that exceeds the policy limits later in court.
This puts significant pressure on the insurer to settle fairly. They know that if they gamble and lose at trial, they could be on the hook for much more than the policy cap. I use this leverage to force them to take your claim seriously.
Statute of Limitations
In Texas, you generally have two years from the date of the crash to file a lawsuit. Negotiations can drag on, and adjusters know this. They might stall, hoping you miss this deadline.
Once the two-year mark passes, you lose your right to sue, and you have zero leverage to challenge a lowball offer. I keep a strict eye on this timeline to protect your rights.
Why the "Black Box" Matters in Negotiations
Commercial trucks are equipped with Electronic Control Modules (ECMs), often called black boxes. These devices record critical data like speed, braking patterns, engine RPM, and hours of service right before a crash.
When an insurer offers you a low amount, they usually rely on the police report or driver statements. But the black box tells the real story. It can reveal that the driver didn't brake until after the impact or was speeding excessively.
Preserving this data requires quick action. Trucking companies can legally destroy or overwrite this data after a certain period if we don't send a spoliation letter demanding they save it. Securing this evidence is often the turning point that transforms a lowball offer into a maximum policy limit settlement.
Truck Accident Attorney Serving Houston, Texas
Trucking injuries occur when drivers or companies ignore safety rules designed to protect us all. The logic is simple: everyone deserves to make it home safely, especially when sharing the road with massive, dangerous machinery. If you are hurt because someone else was careless, you deserve justice.
At the Law Office of Frederick K. Wilson II, I am here to advocate for you with offices in Houston and Sugar Land, Texas. I refuse to let big insurance companies bully my clients into accepting less than they need to recover. If you are dealing with the aftermath of a truck accident, contact my office for a free consultation. Let's work together to secure fair compensation.