Lowballed by Your Own Insurance Company? Here Is Why That Happens and What to Do Next
You pay your premiums faithfully for years, and then the moment you actually need your insurer to come through, the offer on the table feels almost insulting. If that scenario sounds familiar, you are not imagining things, and you are certainly not alone.
Why Insurers Undervalue Claims in the First Place
Insurance companies are businesses, and every dollar paid out on your claim is a dollar that affects their bottom line. This creates a structural incentive, whether or not any individual adjuster acts on it, to minimize payouts. Common tactics include disputing the necessity of medical treatment, arguing that a preexisting condition explains your symptoms, delaying the claims process in hopes you will accept less out of frustration, or offering a quick settlement before the full extent of your injuries becomes apparent.
Sometimes the undervaluation is more subtle. An adjuster may quietly assign you a share of fault for an accident, which under Florida’s current comparative negligence framework can shrink or even eliminate your recovery if your assigned percentage crosses the halfway mark.
Florida Law Actually Requires Good Faith
What many policyholders do not realize is that insurers in Florida have a legal obligation to attempt, in good faith, to settle claims fairly when liability and damages are reasonably clear. When an insurer fails to do this, whether by failing to properly investigate a claim, misrepresenting policy provisions, or dragging out settlement without justification, that conduct can itself become the basis for a bad faith claim, separate from the underlying accident or coverage dispute.
Pursuing a bad faith claim involves specific procedural steps, including formal notice to the insurer and a waiting period before a lawsuit can proceed. Missing these steps can derail an otherwise valid claim, which is one reason this area of law rewards careful, methodical handling.
What You Can Do Right Now
If your insurer has offered far less than what your damages seem to warrant, resist the urge to sign anything or accept the number simply to make the process end. Document everything. Keep copies of all correspondence, medical bills, and repair estimates. Get a second opinion, whether that is a second medical evaluation or an independent damage assessment.
Ask the adjuster to explain, in writing, exactly how they calculated their offer. Vague answers or refusal to provide a breakdown can itself be a signal that something does not add up.
Do Not Let a Lowball Offer Be the Final Word
An undervalued offer is a starting point for negotiation, not a verdict on what your claim is worth. Our Miami insurance dispute lawyers regularly step in when an insurer’s number falls short of the actual damages a client has suffered, and we know how to push back with the documentation and legal leverage that gets results. If your insurance company has offered less than you deserve, Pita Weber Del Prado is ready to review your policy, your claim, and your options at no cost to you.
Source:
.flsenate.gov/laws/statutes/2024/624.155
