If “too much” means more than a jury would award, yes.
When will they do this? A lot of the time the insurance company will pay more in a case with minimal injury than a jury will award.
They do this because they figure the jury will pay something. If you went to the emergency room right after the accident, they assume they are liable for the ER bill, the ambulance if there was one, and for pain and suffering – at a minimum.
They do this partly because the insurance company will have to hire an attorney if suit is filed. If the insurance company thinks a jury will award $2,000, it might pay $4,000 just to avoid paying the $2,000 plus $3,000 in attorney fees.
And the insurance company might pay too much to avoid the possibility of a large jury award, even though the actual injury is not that great.
What could scare them? Maybe the type of injury – such as a car hitting a pedestrian in a cross walk, or a dogbite. Maybe who they insure – such as a dumptruck, or a drunk, or a large, unpopular company. Or maybe a very appealing victim.
How do you take advantage of this? Hire a good attorney – one who will fight, who will file suit if necessary, and who will not recommend your taking too little. If the insurance company thinks that your lawyer will fight, they will be more likely to be fair – or better.
I have been a lawyer over 30 years. I learned long ago a good settlement is better than a bad lawsuit; but you have to be ready to file suit whenever the insurance company is trying to get away with something. If you have a personal injury case in Cincinnati, Ohio or if you want to know what your lawsuit is worth, talk with an experienced Cincinnati injury lawyer> about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. And past performance cannot be used to predict future results.