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Negotiating a settlement with Liberty Mutual isn’t easy. They will do everything they can to minimize your injuries and your claim. The insurance claim process is full of unchartered territory for most inexperienced people. Liberty Mutual will use this to their advantage to settle your case for a fraction of its actual value.
In this article we discuss ten tips on handling a claim against Liberty Mutual to give you the best chances of success. We also answer some frequently asked questions and cover several real Liberty Mutual settlements.
Overview
Liberty Mutual started in the workers compensation business in July 1st, 1912. They started selling auto insurance policies in 1918.
Liberty Mutual, in their early years, was involved in innovating safety components and products such as the escalator emergency stop switch, “safety car,” and the first battery powered prosthetic elbow. They have grown over the years acquiring several large commercial and risk carriers. And in 2008, they acquired Safeco Corporation.
Liberty Mutual has grown to be the sixth largest insurance company in U.S. by policies written.
Liberty Mutual is known to have some of the lowest premiums among the large insurance companies. However, they are known to have the most complaints, as well, according to their NAIC Complaint Index score. They also have lower than average customer satisfaction ratings.
What this means for claimants is an even more difficult claims process. You can be sure if they don’t even give their paying customers a good experience, claimants will get even worse service.
What we’ve noticed with Liberty Mutual is they don’t seem to care to settle claims. They would rather put their insureds in danger of getting sued than pay fairly for each claim. Even in litigation they are uninterested in quick resolution.
You need to take a strategic approach in handling your case against Liberty Mutual and Safeco. You CAN be victorious in your claim. Follow these 10 tips, read the answers to frequently asked questions, and review the settlement examples below.
Being a prepared and well-informed claimant can help combat Liberty Mutual’s huge bargaining advantage.
1. Call for Help
There are three important calls you should make after an auto accident, especially if Liberty Mutual or Safeco is involved.
First, if you’re injured, call for police and emergency medical services to arrive at the scene. This usually means to call 911.
You’ll want the police to come to document the accident and write a report, commonly known as a “crash report.” This crash report will be crucial in your case later on. It will contain valuable information, such as the parties involved, insurance information, and usually the officer’s opinion on who’s at fault.
If you’re injured, having emergency medical services (paramedics) arrive on scene is the best thing you can do for your case. This is no time to think about your budget. They will take your vitals, assess your condition, and if granted, take you to the emergency room for further treatment. This not only prioritizes your health, but it legitimizes your case against Liberty Mutual.
The second call you should make is to a personal injury lawyer that specializes in auto accident cases.
The good news is you won’t need to pay anything for their advice. And if you end up hiring a lawyer, you won’t need to pay them anything out-of-pocket, since they work on a pure contingent fee basis. If you only have minor property damage and no injuries, you may not need a lawyer. But I’d still call one, just in case.
The third call you’ll need to make will be to Liberty Mutual to open a claim. However, proceed with extreme caution. If you’ve decided to handle your case on your own, be very careful what you say to Liberty Mutual when you’re opening your claim. Be prepared beforehand with the facts of how the accident occurred. Don’t let them talk you into a premature settlement before you know the full extent of your injuries.
2. Get Medical Treatment ASAP!
Going to the emergency room after your accident is ideal but if you didn’t, it’s not too late to see a doctor. If you’re having serious symptoms, you can still go to the emergency room. If you think your injuries are relatively minor, you should still see a doctor. You can go to urgent care, see your primary care physician, a chiropractor, or physical therapist. The sooner, the better.
Seeing a doctor as soon as you can after the accident will help your case against Liberty Mutual by documenting the cause of the accident and by avoiding a common defense raised by Liberty Mutual—the duty to mitigate your damages.
If you haven’t been to the doctor yet and some time has passed, it’s not too late. Here’s an article we wrote on this topic: Is it Too Late to Claim an Injury for My Case
3. Know How Liberty Mutual Determines Fault
Liberty Mutual determines fault mainly by analyzing four main types of evidence:
Photos / Videos
Liberty Mutual will review any photos and video footage of the scene of the accident. If there is actual video footage of the accident available, that will be obviously the most valuable in determining fault.
Party and Witness Statements
Liberty Mutual will usually wait until they speak with their insured before determining fault. If their insured is denying any liability, Liberty Mutual may seek witness statements from independent witnesses and you, the claimant(s). An independent witness is a witness that does not have a stake in the claim. So, a passenger in one of the vehicles involved in the accident is not an independent witness.
Liberty Mutual may ask you to give a recorded statement so they can use your statement to determine fault. I suggest you do not do this. Many times, they will ask you incriminating questions that you may not know how to answer without damaging your case.
Crash Report
If law enforcement arrives on scene, a report is usually made that lays out the parties involved and other important facts such as who the officer thinks was at fault for the accident. Most of the time the officer is only giving his/her opinion based on statements taken and the physical evidence left after the fact. This means, the officer’s opinion on fault is not always correct. But Liberty Mutual will usually put significant weight on the officer’s opinion.
Make sure you download a copy of the report as soon as you can.
Examine Property Damage
Liberty Mutual may examine the vehicles involved in the crash to determine fault. They may even pull data from the vehicle’s Event Data Recorder (EDR). The EDR records inputs such as speed, steering, braking, and whether occupants were wearing their seatbelts moments before a crash.
Liberty Mutual may even employ an accident reconstructionist to help determine fault.
4. Limit Conversations with Liberty Mutual
The more you talk to Liberty Mutual over the phone, the more likely you are to say something that hurts your case. The best policy is to limit your conversation with Liberty Mutual as much as possible. In fact, I wouldn’t talk to Liberty Mutual at all until you have discussed your case with a lawyer. And if they ask for a recorded statement, DO NOT GIVE THEM ONE!
If Liberty Mutual is YOUR insurance company, they may require you give them a statement. In that case, you will need to talk to them but don’t do so without first talking to a lawyer. Even though they may be your insurance company, don’t be deceived. They are not your friend. The relationship will immediately become adversarial once a claim is filed.
5. Know Liberty Mutual Case Value Factors
Liberty Mutual will value your case using a variety of factors. These include:
Property Damage
The extent of damage to the vehicles involved in an accident is relevant as to the value of a case. This makes sense since, in most cases, when there is minimal damage to the vehicles involved in an accident, it’s assumed the injuries of the occupants is also minimal. Of course, this isn’t always the case. But Liberty Mutual will argue it is so.
Severity of Injury
Liberty Mutual will place greater value on a fracture, head injury, or other serious injury than they will on whiplash or another type of soft tissue injury.
Medical Treatment
Medical treatment is extremely important in your case. Liberty Mutual’s position is that if you’re hurt, you would see a doctor as soon as possible. The longer you wait to seek medical treatment after your accident, the worse it usually will look to a Liberty Mutual adjuster. This is even more so in cases with less serious injuries like soft tissue injuries. If you have a soft tissue injury, haven’t had any medical treatment, and try to settle your case, you can rest assure that Liberty Mutual will give you a lowball offer.
The type of medical treatment you seek will also affect the value of your case. Treating with just a chiropractor, with no visit to a medical doctor or imaging will put your case into a category of low value claims.
Permanency
Liberty Mutual takes permanent injuries more seriously than injuries that are not so permanent, such as muscle sprains and strains. A permanent injury is one where damage is caused to the body and it does not fully recover. Examples of permanent injuries include:
- Traumatic brain injury
- Amputation / loss of a limb
- Paralysis
- Herniated disc
- Nerve damage
- Numbness
- Scarring
- Blindness
- Hearing loss
Policy Limits
In most cases, your case value will be limited to the amount of insurance that is available. Even when there are catastrophic injuries or death. Of course you always have the right to sue the at-fault party for your injuries if there isn’t enough insurance available but most of the time that might be fruitless.
Venue
Where you bring your case will often affect your case’s value. More liberal venues tend to be better for plaintiffs.
Counties such as Pima (AZ), Los Angeles (CA), Broward (FL), and Hidalgo (TX) are some examples of liberal venues where case values tend to be better.
On the other hand, counties such as Yavapai (AZ), Kern (CA), Sarasota (FL), and Montgomery (TX) are some examples of conservative counties where case values may be lower.
Aggravating Factors
If a drunk or impaired driver caused your accident, your case value will likely increase. This is due to the at-fault party being potentially on the hook for “punitive damages.” These are additional damages that are awarded to punish the at-fault party for egregious behavior.
6. Know What Makes a Strong Case
There are many factors that make a strong case before Liberty Mutual. Some of which are:
Significant Property Damage
The more significant damage there is to the vehicles involved, the stronger your case against Liberty Mutual becomes. Of course, this makes sense since you’d assume that injuries would be more severe when the vehicles are more damaged. However, this may not always be the case. We’ve seen significant injuries when there is minimal visible property damage.
Clear Liability
Cases against Liberty Mutual will be the strongest when there is no controversy over liability. If you are determined to be partially or fully at fault for your accident, you will have a much weaker case against Liberty Mutual.
Some examples of clear liability cases would be rear-end accidents or when you’re a passenger in someone else’s vehicle.
Examples of typically weaker liability cases are intersection and lane change accidents where there are no independent witnesses or video footage and it’s a “word vs. word” situation.
Insurance
If an uninsured driver caused your accident and you don’t have any uninsured motorist coverage of your own, the strength of your case will likely suffer. Most of the time when someone is uninsured, they also do not have any assets you can recover in a lawsuit. These people are known as “judgment proof.” So, the strength of your case is heavily dependent on the available insurance that the at-fault driver or you have.
Severe Injury
The more severe your injury is, the stronger your case will usually be. A fracture, concussion, or herniated disc will be valued significantly more than whiplash will be.
Objective Injury
If you can proof your injury with something other than your own complaints of pain, your case against Liberty Mutual will be stronger. Imaging like X-Rays, CT scans, or MRIs are a great way to show Liberty Mutual that you have something more than just muscle sprains or strains.
Medical Treatment
As mentioned above in Tip #2, medical treatment is very important. A case where medical treatment was sought immediately after the accident at an emergency room will typically be stronger than one where medical treatment was sought later.
Also, if you only treated with a chiropractor, your case might not be as strong as it could be. A medical doctor’s evaluation is always going to be valued greater than that of a chiropractor. That may not seem fair but that’s how Liberty Mutual will view your medical treatment.
7. Know How Liberty Mutual Treats Preexisting Injuries
Liberty Mutual will view preexisting injuries the exact opposite as how the law actually treats them. The law says that if the defendant aggravates or exacerbates a preexisting injury or condition, they are responsible for making it worse. This is known as the “Eggshell Skull Plaintiff” doctrine and it’s the majority rule in the United States.
However, Liberty Mutual sees cases with preexisting injuries or conditions as weaker than those with new injuries. They do this because they know it might be challenging to distinguish between the preexisting injury and the new injury.
This is common with spinal injuries. Humans, as they age, their spines degenerate. We get arthritis, disc bulges, and other chronic conditions that affect the spine.
Many times, auto accidents aggravate these conditions. You may have a preexisting injury or condition that isn’t even symptomatic but after the accident it becomes symptomatic and painful. Liberty Mutual will call your condition “degenerative” in nature and not take responsibility for it. This is against over one hundred years of established law! Don’t let them do this. Push back and educate them on the “Eggshell Skull Plaintiff” doctrine.
8. Negotiate Carefully
Insurance companies often start with a low offer. Be ready to negotiate by countering with a reasonable, well-supported demand. Explain why the initial offer is insufficient and provide evidence to support your counteroffer.
Before you start negotiating with Liberty Mutual you should know your bottom line. Decide on the minimum settlement amount you are willing to accept. This helps you stay focused and avoid agreeing to an unsatisfactory amount.
It’s important to stay persistent and patient with Liberty Mutual adjusters. Negotiations with Liberty Mutual can take time, and they might delay the process to test your patience. Stay persistent and follow up regularly without showing frustration or desperation.
9. Consider Taking the Next Step
If negotiations stall, consider suggesting pre-suit mediation or arbitration as alternative dispute resolution methods. These can sometimes lead to a fair settlement without going to court. And if all else fails, you can always file a lawsuit. However, proceed with great caution! Litigation gets very complex very quickly. It’s best to get a lawyer involved at this point.
10. Talk to a Lawyer Before Making Any Decisions
If negotiations become complex or you feel overwhelmed, consult with a personal injury attorney. An experienced lawyer can provide guidance, negotiate on your behalf, and help ensure you receive a fair settlement. In fact, there are studies that show having an attorney can substantially increase the amount of compensation you receive from the insurance company.
The simple reason for this is Liberty Mutual will take your case more seriously when an attorney is representing you. Your file will be immediately transferred to a more experienced adjuster with more settlement authority.
Additionally, accident attorneys are experts in the complex area of personal injury law; they know how insurance claims are handled and are experienced negotiators.
Handling your case on your own would be like trying to perform surgery on yourself. Not recommended.
Frequently Asked Questions
Here are we answer questions to frequently asked questions about Liberty Mutual claims and settlements.
Is Liberty Mutual Good at Paying Claims?
The short answer is no. Liberty Mutual falls in the category of insurance companies that are cheap. Out of the largest six insurance companies (including State Farm, Allstate, GEICO, Progressive, and USAA), Liberty Mutual is near the bottom when it comes to paying claims fairly.
They use similar software tools to minimize settlement values. And delay, deny, and defend against valid claims just as the other large insurance companies do. But they may even be worse than the other large insurance companies. In fact, I’d place them in third place in the running as worst insurance company at paying claims out of the six largest insurance companies.
How Long Do You Have to Settle Your Claim Against Liberty Mutual?
There is one time limit you need to keep track of when it comes to claims against Liberty Mutual: The Statute of Limitations.
The Statute of Limitations is the time you have to bring your case to court. If you don’t settle your case or file a lawsuit within this time limit, you lose all your rights against the at-fault party. Each state in the U.S. has their own statute of limitations for injury cases. They vary from 2 years to 4 years. Some examples are:
- Arizona:
- 2 years from the date of accident.
- California:
- 2 years for bodily injury and 3 years for property damage.
- Florida:
- Accidents before March 24, 2023 – 4 years from the date of accident.
- Accidents after March 24, 2023 – 2 years from the date of accident.
- Texas:
- 2 years from the date of accident.
Keep in mind the time limits above are the general rule for cases against the at-fault party. There are different statutes of limitation in cases against your own insurance company.
Also, there are exceptions that change when a claim is barred. The best thing to do is to speak to a personal injury lawyer in your state for more clarification.
How Long Does it Take to Settle a Case Against Liberty Mutual?
On average, most cases against Liberty Mutual take three to six months to settle. Of course, some settle in days and others can take years to settle. Each case is different.
Cases settle quicker against Liberty Mutual when the damages in a case are significantly more than the available policy limits. For example, if there are significant injuries and medical bills and there is only $30,000 in policy limits, Liberty Mutual will typically settle the case quickly.
On the other hand, if there is a $250,000 policy, for example, and only minor soft tissue injuries, it may take longer to settle the case. The case may not be ripe to settle until all damages, such as past and future medical bills, are realized.
How Much Does Liberty Mutual Pay for a Whiplash Injury?
Generally, where medical treatment is sought, whiplash injury cases settle anywhere from $15,000 to $25,000.
Liberty Mutual will value a whiplash injury mostly on the cost of the medical treatment that was sought. However, they typically will not take into account the full medical bills that are submitted to them. They will adjust the bills according to what they claim is “usual and customary” in the geographic area and for “reasonableness.”
They will also consider any lost wages that were suffered from the inability to work due to the injury.
The pain and suffering component paid by Liberty Mutual for whiplash cases are typically minimal.
How Much Does Liberty Mutual Pay for a Back Injury?
The amount Liberty Mutual pays for a back injury will depend on how severe the injury is. For a sprained or strained back, Liberty Mutual may only pay $1,500 if no treatment was sought.
But on more severe back injuries such as a vertebrae fracture with permanent impairment, they could pay well over $100,000.
How Much Does Liberty Mutual Pay for a Herniated Disc?
The same is true here as in the question directly above. The more severe the herniated disc and more impairment, the more Liberty Mutual tends to pay.
A small, herniated disc causing no to mild stenosis, Liberty Mutual may only pay $15,000 to $25,000.
But where there is a larger herniation with moderate to severe stenosis, they may pay over $100,000. It will all depend on several factors including how severe the herniation is, extent of impairment, and the medical treatment involved.
Can I Handle My Own Case Against Liberty Mutual?
Yes, you can but it will depend on the type of case you have. If you only have minor property damage and no personal injuries, you should be fine to handle your own case.
On the other hand, if the impact to your vehicle caused you to feel any soreness, stiffness, or have any limited range of motion, you should at least talk to a lawyer before trying to handle your case alone. This is true even if it’s been days or weeks since your accident.
What is Liberty Mutual Claims Phone Number and Address?
Phone: 800-225-2467
Fax: 888-268-8840
P.O. Box 5014
Scranton, PA 18505-5014
Liberty Mutual and Safeco Car Accident Settlements
Below we discuss 10 real life Liberty Mutual and Safeco settlements. The first five are our own. These settlement examples should help you get an idea of what to expect when you’re up against Liberty Mutual or Safeco.
Case Study #1: Client v. Liberty Mutual Insured (Fort Bend County, Texas)
Our client was traveling southbound on Grand Parkway in a construction zone in Sugar Land, Texas. As he slowed down to traffic up ahead, he was rear-ended by defendant, a Liberty Mutual insured. Defendant was driving a heavy-duty pickup truck and caused substantial damage to client’s vehicle.
Client, one hour later, presented to the emergency room with neck pain, severe headache, and dizziness. He was later discharged.
Our client later presented to a chiropractor for treatment and underwent MRIs of his cervical spine, lumbar spine, left shoulder, and right knee. Several herniated discs were discovered in both his neck and back. Also, he had a tear of the posterior horn of the medial meniscus.
Our client later underwent arthroscopic surgery on the meniscus tear and epidural steroid injections in his neck and back.
We submitted our demand to Liberty Mutual and were offered $100,000 initially. We filed a lawsuit immediately. We later settled our client’s case for $235,000.
Case Study #2: Client v. Safeco Insured (Dallas County, Texas)
Our client’s vehicle was struck while defendant, a Liberty Mutual insured, was attempting to make a left-hand turn in front of another vehicle heading straight through the intersection of Forest Lane and a private drive, in Garland, Texas. That collision caused the defendant’s vehicle to strike our client’s vehicle while he stood waiting at the red light at that intersection. Defendant was charged with driving while intoxicated.
Our client later presented to the emergency room the next day with complaints of back and abdomen pain. He was later released.
Three days later our client presented to a chiropractor for follow up treatment. He underwent a left shoulder MRI. Soft tissue injuries of the shoulder were noted by the radiologist. As a result, he later underwent shoulder injections.
We later demanded Safeco’s policy limits. Their initial offer was $4,950. In response, we immediately filed a lawsuit.
Later, we were able to successfully settle our client’s case for Safeco’s policy limits of $50,000.
Case Study #3: Client v. Safeco (Fort Bend County, Texas)
Our client was t-boned at an intersection in Fulshear, Texas. The defendant was insured with Progressive.
Our client later presented to the emergency room with complaints of pain in his head, face, ear, back, pelvis, left shoulder, and left leg. CT scans were taken of each affected body part with no positive finding of fractures.
Our client followed up with a chiropractor for conservative treatment. He also underwent three MRIs of his head, lumbar spine, cervical spine, and right foot. Disc herniations were found in his neck and back.
He also was evaluated for a traumatic brain injury where the results were inconclusive.
Our client then underwent epidural steroid injections in his neck and back.
We demanded that Progressive pay their policy limits of $50,007, which they later tendered. We also demanded that our client’s insurance company, Safeco, pay his underinsured policy limits of $30,000 and his personal injury protection and Medical Payments coverage of $15,000. They agreed for a total of $95,007 in settlement funds.
Case Study #4: Clients v. Liberty Mutual (Broward County, Florida)
Our clients, husband and wife, were rear-ended by an uninsured driver in Fort Lauderdale, Florida.
They later presented to a chiropractor for treatment of their neck and back pain. As a result of persistent pain, they were referred out for MRIs of their neck and back. Disc bulges were noted by the radiologist and were later referred to a pain doctor for consultation. They were later released after completing their conservative treatment plan.
We submitted a demand to their insurer, Liberty Mutual. We later settled each of their cases for $23,000.
Case Study #5: Client v. Liberty Mutual Insured (Broward County, Florida)
Our client was t-boned at the intersection of North Pine Island Road and NW 44th Street in Sunrise, Florida.
Our client presented to a chiropractor with complaints of neck and back pain. Our client underwent MRIs of the cervical and lumbar spine. Herniated discs were found.
She later followed up with a pain doctor for evaluation of her pain. The pain doctor recommended to continue the conservative treatment plan prescribed by her chiropractor and if pain persisted to consider epidural steroid injections. She was later released with an impairment rating of 17%.
We were able to successfully settle our client’s case with Liberty Mutual for $20,000.
Case Study #6: Plaintiff v. Liberty Mutual (Monterey County, CA)
Plaintiff was t-boned at an intersection in Seaside, California. The plaintiff sustained fractures in his arm and wrist and underwent open reduction and internal fixation surgery on his right wrist.
He later underwent surgery to remove the hardware in his wrist and suffered a deformity and decreased range of motion, as a result.
The defendant had a policy of $25,000 with IDS Property and Casualty, which they tendered.
Plaintiff later demanded his insurance carrier, Liberty Mutual, pay the remaining damages through his underinsured motorist policy. He later settled with Liberty Mutual for $180,000, for a total of $205,000 in compensation.
Case Study #7: Plaintiff v. Liberty Mutual Insured (Sonoma County, California)
Plaintiff was rear-ended by a Liberty Mutual Insured at a red light on Stony Point Road in Santa Rosa, California. He injured his left ankle, neck, back, foot, and left knee.
He underwent treatment with a chiropractor, orthopedic surgeon, and pain management doctor. Plaintiff underwent arthroscopic surgery due to the injury to his meniscus.
Liberty Mutual later paid plaintiff $90,000 during a settlement conference to resolve his case.
Case Study #8: Plaintiff v. Liberty Mutual Insured (Fresno County, California)
Plaintiff was t-boned as she drove through the intersection of Millbrook Avenue and Shepherd Avenue in Fresno, California.
She later presented to her primary care doctor and was diagnosed with a concussion, memory loss, herniated discs in her lower back which caused stenosis and extreme pain. As a result of her injuries, she underwent a discectomy and laminectomy in her lower back. Due to her injuries, she suffered permanent impairment and would likely need a spinal fusion in the future, according to her doctor.
Liberty Mutual agreed to tender their policy limits of $50,000. The plaintiff also sought recovery under her underinsured policy. Her insurance carrier later agreed to pay $200,000 in underinsured benefits, for a total of $250,000 in compensation.
Case Study #9: Plaintiff v. Liberty Mutual Insured (Riverside County, California)
Plaintiff was rear-ended on I-10 near Red Cloud Mine Road in Riverside County, California.
Plaintiff sustained a comminuted, displaced elbow fracture to her non-dominant arm, sacral fracture, and soft tissue injuries. She was hospitalized for seven days.
Plaintiff underwent surgeries to repair her fracture and to remove the hardware. She was left with scarring and permanent impairment of her elbow.
Later, Liberty Mutual agreed to pay $492,579.21 to settle her case.
Case Study #10: Plaintiff v. Liberty Mutual Insured (Alameda County, California)
Plaintiff was rear-ended as he waited in the left-hand turn lane at the intersection of Beacon Avenue and Fremont Boulevard in Alameda, California.
Plaintiff treated with a physical therapist and underwent an MRI of his cervical and lumbar spine. The accident aggravated preexisting disc bulges in his back and neck.
His doctors opined that he would need disc replacement and spinal fusion surgery in the future.
In addition, plaintiff calculated that he would lose $300,000 in future earnings as a result of his injuries.
After negotiations, Liberty Mutual agreed to settle the plaintiff’s case for $500,000.
Contact Our Experienced Car Accident Lawyers to Handle Your Liberty Mutual or Safeco Claim
Call us today for a FREE consultation regarding your Liberty Mutual or Safeco bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to Liberty Mutual or Safeco. Call (855) 545-1777 to speak to our personal injury attorneys directly.
