Can an insurance company “low ball” me in settlement negotiations?
The simple answer to this is no. While it is very common in day-to-day negotiations for one party to try and “low ball” (meaning, giving an unreasonable low offer with the hope that the other party will accept) the other party, this practice by insurance companies has been expressly forbidden by Wisconsin courts. This goes back to the fundamental problem of unequal bargaining position. Because the average consumer is in no way on equal terms with an insurance company in terms of resources and knowledge, our court’s have forbidden insurance companies from employing this strategy.