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Founding Member & Managing Partner at Gina Corena & Associates
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Getting a settlement offer soon after a car accident can be tempting, especially when you are dealing with medical bills and missed work. But an early offer does not always reflect the full value of your claim.
You may still be getting medical tests or starting treatment when the insurance company makes its first offer. At that point, you may not know how serious your injuries are or how much treatment you will need.
You have options if the offer is too low. You can reject the offer, ask for more money, and provide records that show your losses. If the insurance company refuses to make a fair offer, you may also have the option of filing a lawsuit.
Insurance companies may make an early offer before you finish treatment. The adjuster is looking at the bills and records available at that point, which may not show the full extent of your injuries.
Future treatment, lost wages, and other costs may not be included. You may also not know yet whether you will need more treatment or how long your recovery will take.
An early settlement may not account for injuries or costs that have not been fully diagnosed yet.
A quick payment can be tempting when you have bills to pay. But once you sign a release, you may give up your right to ask for more money later.
Adjusters also know many people don’t know what their injury claim is worth. That can make it easier for an insurer to start with a lower offer.
A Nevada auto claim is built from economic losses you can document and general damages a jury would assign.
Economic damages cover past medical bills, the cost of future treatment, lost wages, and lost earning capacity where the injury affects your ability to work going forward. General damages cover pain, suffering, and the disruption to daily life, and Nevada does not cap them in an ordinary motor vehicle case.
|
Component |
What it captures |
Why the first offer often omits it |
| Past medical bills | Treatment to date | Only the bills that exist so far |
| Future medical care | Surgery, therapy, injections ahead | Not yet recommended or documented |
| Lost wages | Time already missed | Partial, if you were still out |
| Lost earning capacity | Reduced future earning ability | Rarely valued in an early offer |
| Pain and suffering | Physical and emotional harm | Undervalued or ignored |
| Permanent impairment | Lasting limitation or scarring | Unknown until treatment matures |
The gap between an early offer and a matured claim is usually the future-care and general-damages columns, which is exactly what the carrier hopes you settle before anyone quantifies.
Two Nevada rules can affect your claim: fault and the deadline for filing a lawsuit. Under NRS 41.141, your share of fault can reduce your compensation. If you are 50% at fault, you can still recover 50% of your damages. If you are more than 50% at fault, you cannot recover damages.
An insurance adjuster may point to your share of fault when making a low offer. Evidence such as photos, videos, police reports, and witness statements can help show who caused the crash.
Nevada also gives you two years from the date of injury to file a personal injury lawsuit under NRS 11.190. If you do not file within that time, you can lose your right to sue.
Nevada law prohibits some unfair actions by insurance companies. Under NRS 686A.310, an insurer can violate the law by failing to make a fair settlement when liability is reasonably clear.
The law also covers cases where an insurer does not give a reasonable explanation for denying a claim or making a low offer. If these actions harm the insured, the insurer may be responsible for those damages.
This rule applies most directly when your own insurance company is handling the claim, such as an underinsured motorist claim.
A low settlement offer alone does not prove bad faith. The insurer’s actions and the facts of the claim matter.
Ignoring evidence, refusing to explain the offer, or delaying a claim without a good reason can raise a bad-faith issue.
Do not rush to accept a settlement. Before agreeing to an amount, make sure you understand your injuries, treatment, and financial losses.
Here are some steps to take:
Do not sign a release until you understand the full extent of your injuries and what the settlement covers.
Not always, but early offers are systematically built from incomplete information, so a number that arrives before treatment ends deserves scrutiny rather than acceptance.
Yes. Negotiation is expected to involve several rounds, and a rejected counter does not end the claim. A signed release ends it.
Most claims settle without a trial. A credible willingness to file suit before the deadline is often what moves the number, even when no suit is ultimately filed.
Then NRS 686A.310 is directly relevant, because it governs how your insurer must handle a claim where liability is reasonably clear. Our overview of Nevada uninsured motorist coverage explains when your own policy pays.
A low settlement offer does not decide what your claim is worth. The first offer may not include all of your medical care, lost income, or other losses. Before accepting it, make sure you understand the full extent of your injuries and what your claim is worth.
If an insurance company has offered less than your injuries and losses deserve, Gina Corena & Associates can review your claim before you sign anything. The firm handles Las Vegas car accident claims and offers free case reviews.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
