This Is “Our Top Offer,” the Great Insurance Lie
Most people have heard it at some point: an insurance adjuster telling you, “This is our top offer.” Maybe it was after a car accident, a slip-and-fall, or some other personal injury. Or perhaps you know someone who was on the receiving end of that phrase. The truth is, most of the time, it’s not the top offer at all—and understanding why can make a huge difference in the outcome of your claim.
One key concept that is rarely explained to claimants is the idea of insurance reserves. An insurance reserve is the internal maximum amount an insurance company sets aside for a specific claim. Think of it as the amount they are initially willing to pay without serious negotiation or legal pressure. When you are unrepresented, this reserve is often set very low, because the insurance company assumes you have limited knowledge of your case’s true value and little leverage to fight for more.
Once you hire an attorney, the situation changes dramatically. The insurance company recognizes that your case now carries legal risk, which often causes them to increase the reserve—sometimes doubling or even tripling it. If your attorney files a lawsuit, the reserve may increase again as the insurer anticipates the possibility of a court judgment against them. For example, an insurance company might initially offer $10,000, then $25,000 after a lawsuit is filed, and eventually $50,000 or more as evidence builds and the insurer realizes the strength of your claim.
Insurance companies play these games every day, hoping to catch claimants before they understand the full value of their case. Adjusters are trained to present lowball offers and create the impression that the number they provide is final. Without a lawyer, you have very little leverage when an adjuster says, “this is my top offer.” But with an experienced attorney on your side, that statement holds almost no weight—you now have the power to demand the full and fair value of your claim.
Another major challenge when handling a claim alone is properly presenting evidence. Injured individuals often don’t know how to document the full scope of their injuries or how to present photos, medical records, witness statements, and personal accounts in a way that maximizes settlement value. Even simple actions—like answering an adjuster’s question about additional evidence or providing personal statements—can significantly affect the insurer’s internal reserve. When handled correctly, these pieces of evidence give your attorney leverage to negotiate a higher settlement.
Without legal representation, you are also at risk of missing critical steps. You may not know which damages can be claimed, how to calculate future medical costs, or how to demonstrate the long-term impact of your injury on your life and work. An experienced attorney knows how to investigate the accident, gather and present evidence, and communicate effectively with the insurance company to ensure your claim reflects the true cost of your injuries.
