How to Counter a Low Insurance Settlement Offer

Accepting a low settlement offer means you could be paying for someone else’s mistake out of your own pocket for years to come. An insurer’s initial offer rarely accounts for the full scope of your damages, especially less obvious costs like your car’s diminished value or potential future medical needs. Leaving that money on the table isn’t an option. Before you even consider signing anything, you need to understand the true value of your claim. This guide will show you how to add up every single loss and provide a clear roadmap for how to counter an insurance settlement offer so you can secure the funds needed to truly make you whole again.

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Key Takeaways

  • Calculate your true costs before you respond: The insurance company’s first offer is a business tactic, not a fair assessment of your claim. Add up everything—repair estimates, lost income, and especially your car’s diminished value—to know your bottom line before you start negotiating.
  • Justify your counteroffer with concrete proof: Your demand for a higher settlement is only as strong as the evidence you provide. Back up your number with a complete file of documents, including independent repair quotes, medical bills, and a formal diminished value report to make your position undeniable.
  • Control the negotiation and don’t be afraid to escalate: Keep all communication professional and in writing to create a clear record. If the adjuster uses delay tactics, refuses to justify their low number, or won’t negotiate in good faith, it’s time to bring in a legal professional to show them you’re serious.

What Is an Insurance Settlement Offer?

After a car accident, you’ll eventually receive a settlement offer from the insurance company. This is their formal proposal to pay you a specific amount of money to resolve your claim and close the case. Think of it as their opening bid in a negotiation. It’s the first step, not the final word. Accepting this offer means you agree to their terms and, in almost all cases, you give up your right to ask for more money for this claim in the future. That’s why it’s so critical to understand what you’re looking at before you sign anything.

Why Initial Offers Are Often Low

It can be disheartening to see a low settlement offer, but it’s completely normal. The insurance company’s first offer is almost always less than what your claim is truly worth. Why? Because insurance companies are for-profit businesses, and their goal is to pay out as little as possible to protect their bottom line. They are not trying to be fair to you; they are trying to save money. They count on the fact that many people are stressed, need the money quickly, and don’t know the full value of their claim, especially when it comes to things like the diminished value of your vehicle. Rejecting a low offer isn’t being difficult—it’s the first step in starting a real conversation to get the compensation you deserve.

Red Flags to Watch for in a Settlement Offer

Before you even think about accepting an offer, look for these red flags. A major warning sign is an offer that doesn’t cover all your documented expenses, including medical bills, car repair estimates, and lost wages from time off work. Be wary if the adjuster pressures you to accept quickly, often before you even know the full extent of your injuries or property damage. Remember, once you accept a settlement, you can’t go back and ask for more money later if new issues arise. If the offer seems too low to be fair, it probably is. Trust your gut and get a professional opinion on your property damage claims before making a final decision.

How to Know If Your Settlement Offer Is Too Low

After an accident, it’s a relief to finally get a settlement offer from the insurance company. But don’t rush to accept it. Insurance adjusters are trained to protect their company’s bottom line, which often means offering you the lowest amount they think you’ll take. Your job is to figure out if their number truly covers your losses or if it’s just a starting point for negotiation. Before you even think about responding, you need to do your own math and understand what a fair settlement should actually look like. This involves taking a hard look at your total expenses, understanding what similar cases are worth, and planning for any future needs related to the accident.

Calculate Your Total Damages

A fair settlement isn’t just about covering the initial repair bill for your car. It needs to make you whole again by covering every single loss you’ve experienced because of the accident. Before you agree to anything, you need to calculate the full value of your damages. This includes all your current and future medical bills, any wages you lost from being unable to work, and the cost of repairing or replacing your vehicle. It also includes less obvious costs, like the loss in your car’s resale value even after it’s been repaired—this is known as diminished value. A good offer should account for all of these factors, so take the time to add everything up.

Research Similar Cases in Georgia

It’s difficult to know the true value of your claim without a frame of reference. While you can search for stories online, it’s nearly impossible to find a case that’s exactly like yours. More importantly, Georgia has specific laws that determine how compensation is calculated, and these rules can be complex. Without legal guidance, you might ask for too little and leave money on the table, or ask for too much and hurt your credibility. Understanding the typical settlement ranges for cases involving similar property damage or injuries in Georgia is a critical step. This is where professional experience becomes invaluable for assessing if an offer is reasonable.

Factor in Future Medical Needs

One of the biggest mistakes people make is accepting an offer before they fully understand the extent of their injuries. Some injuries don’t show their full impact for weeks or even months. If you accept an offer and sign a release form, you give up your right to ask for more money later, even if your condition worsens and you need more medical treatment. A fair settlement must account for any potential future medical care, physical therapy, or other long-term needs. Don’t let an insurer pressure you into a quick decision. Make sure you have a clear prognosis from your doctor before you even consider settling your claim. If you’re unsure, it’s always best to get a professional opinion before you sign away your rights.

What Evidence Do You Need to Counter a Low Offer?

When an insurance company sends a low settlement offer, your best response is a strong, evidence-backed counteroffer. Simply asking for more money isn’t enough; you need to show them why you deserve it. Think of it as building a case. The more organized and compelling your proof is, the harder it will be for the adjuster to justify their low number. Gathering the right documents is the most critical step in fighting for the compensation you’re owed. It shifts the conversation from their opinion to the cold, hard facts of your losses.

Medical Records and Bills

Your health is the top priority, and the records of your care are a cornerstone of your claim. You need to collect every single piece of paper related to your medical treatment. This includes initial emergency room reports, bills from doctors and specialists, physical therapy notes, and receipts for prescriptions. It’s also helpful to get a written statement from your doctor that outlines your diagnosis, treatment plan, and prognosis. This documentation creates a clear, undeniable link between the accident and your injuries, making it difficult for the insurer to downplay the physical toll of the crash.

Proof of Lost Wages

If the accident forced you to miss work, you deserve to be compensated for that lost income. This goes beyond the first few days you took off to recover. It includes time spent at doctor’s appointments, physical therapy sessions, and even dealing with car repairs. To prove your losses, ask your employer for an official letter stating your job title, pay rate, and the specific dates and hours you missed because of the accident. For salaried employees, this can be a simple calculation. If you work on commission or are self-employed, you may need to provide past pay stubs or tax returns to demonstrate your average earnings.

Property Damage and Repair Estimates

Don’t automatically accept the insurance company’s estimate for your vehicle repairs. They often work with specific shops that prioritize keeping costs low. Instead, get at least two independent estimates from reputable body shops that you trust. These detailed estimates should list every necessary repair and the cost of parts and labor. Also, keep receipts for any related out-of-pocket expenses, such as towing fees or a rental car. This documentation is essential for building a comprehensive property damage claim and ensuring you get enough to restore your car to its pre-accident condition.

Pain and Suffering Documentation

“Pain and suffering” might sound vague, but it’s a very real part of your damages. This category covers the physical pain, emotional distress, and general loss of enjoyment of life you’ve experienced since the accident. The best way to document this is by keeping a daily journal. Write down your pain levels, any anxiety or trouble sleeping you’re having, and specific examples of how your injuries are affecting your life. Maybe you can no longer lift your child, enjoy your favorite hobby, or complete daily chores without pain. This personal record turns an abstract concept into concrete evidence of the accident’s impact.

Diminished Value Reports

Even after perfect repairs, a car with an accident history is worth less than one without. This loss in resale value is called diminished value, and you are entitled to claim it. Insurance companies rarely volunteer to pay for this, so you have to prove it. The most powerful piece of evidence is an independent diminished value report from a certified appraiser. This expert assessment provides a specific, credible dollar amount for your car’s lost value. Presenting this report to the insurer gives them a concrete figure to work with and shows them you’ve done your homework.

How to Calculate a Fair Counteroffer

Coming up with a counteroffer number can feel like you’re pulling it out of thin air, but it’s actually a calculated process. Your goal is to arrive at a figure that truly covers all your losses—not just the obvious ones. Before you send that number to the insurance adjuster, you need to do your homework and build a case for why you deserve it. Let’s walk through how to calculate a counteroffer that is both fair and justifiable.

Determine Your Minimum Settlement Amount

Before you even think about what to ask for, you need to know your bottom line. This is the absolute lowest amount you would be willing to accept to resolve your claim. Think of it as your “walk-away” number. This figure is for your eyes only—you will never share it with the insurance adjuster. It’s your private benchmark that helps you stay grounded during negotiations. To calculate it, add up all your concrete expenses (medical bills, lost wages, repair costs) and then consider a conservative amount for your pain and suffering. Having this number in mind prevents you from accepting an offer that is truly unfair out of frustration or pressure.

Use the Multiplier Method for Damages

How do you put a price on pain and suffering? It’s tricky, but one common approach is the multiplier method. This involves taking the total of your economic damages—like medical bills and lost income—and multiplying it by a number, typically between 1.5 and 5. A minor incident with a quick recovery might use a multiplier of 1.5, while a severe accident with long-term consequences could warrant a 4 or 5. The multiplier you choose helps quantify the physical pain, emotional distress, and disruption to your daily life. It’s a straightforward way to begin valuing the non-economic side of your claim.

Account for All Your Losses

A fair settlement should make you whole again, which means it needs to cover every single loss you’ve incurred because of the accident. It’s easy to overlook things when you’re stressed, so make a comprehensive list. Start with your economic damages: current and future medical bills, lost wages from time off work, and property damage repair costs. Don’t forget to include the diminished value of your vehicle, which is the loss in resale value even after it’s been repaired. Then, add your non-economic damages, like pain and suffering. Tallying up every expense ensures your counteroffer accurately reflects the full financial and personal impact of the accident.

Research Typical Settlement Ranges

It’s helpful to understand what settlements for cases like yours typically look like, but this can be difficult without legal expertise. Every accident is unique, and Georgia has specific laws that influence how compensation is calculated. You might find stories online, but they won’t account for the specific details of your case. Without a solid understanding of these rules, you risk asking for too little and leaving money on the table, or asking for too much and not being taken seriously. This is where getting a professional evaluation of your claim can provide clarity and confidence that your counteroffer is grounded in reality.

How to Formulate Your Counteroffer

Once you’ve determined the insurance company’s initial offer falls short, it’s time to prepare your response. Simply telling the adjuster you want more money won’t get you very far. A successful counteroffer is a strategic move, not an emotional reaction. It requires a clear, well-documented argument that shows the insurer exactly why you deserve a higher settlement. Think of it as building a case for your claim. You’ll need to formally reject their lowball offer and then present a compelling demand of your own, backed by solid proof.

This process involves more than just picking a number out of thin air. You need to methodically lay out the facts, from the details of the accident to the full extent of your financial losses and personal suffering. By presenting a professional, evidence-based counteroffer, you shift the dynamic. You’re no longer just a claimant accepting what’s offered; you’re an informed individual advocating for the compensation you’re rightfully owed. The following steps will walk you through how to structure your counteroffer to give you the best chance at a fair outcome.

Formally Reject the Initial Offer in Writing

Your first step is to officially reject the settlement offer. While it might be tempting to just say “no” over the phone, a verbal rejection isn’t enough. You need to create a paper trail. Send a brief, professional letter to the insurance adjuster stating clearly that you are rejecting their initial offer.

You don’t need to include your full argument or your counteroffer amount in this specific letter. The goal here is simple: to formally put your rejection on record. Keep it short and to the point. State that the offer is not sufficient to cover your damages and that you will be sending a more detailed letter soon. This simple action protects you and signals to the insurer that you are serious about negotiating a fair settlement for your property damage claim.

Draft a Strong Demand Letter

After formally rejecting the offer, your next move is to draft a comprehensive demand letter. This is where you lay out your entire case. Your letter should tell the story of the accident and its aftermath, explaining why the insurer’s initial offer was inadequate. Start by detailing how the accident occurred and who was at fault.

Then, describe your injuries, the medical treatment you’ve received, and any ongoing care you require. Explain how the accident has impacted your daily life, including your ability to work and enjoy your usual activities. Finally, state the specific amount of money you are demanding as a fair settlement. This letter sets the foundation for negotiations, so it’s crucial to be thorough, organized, and clear. If you need help structuring this, it’s often wise to contact a professional for guidance.

Present Your Supporting Evidence

A demand letter is only as strong as the evidence that backs it up. Your words carry much more weight when they are supported by official documentation. Along with your demand letter, you should include a complete package of all the evidence you’ve gathered. This shows the insurance adjuster that your counteroffer isn’t just an arbitrary number but a figure based on real, quantifiable losses.

Be sure to include copies of all medical bills, police reports, and repair estimates. If you’ve lost income, provide pay stubs or a letter from your employer. It’s also essential to include a diminished value report to prove the loss in your vehicle’s market value after the accident. Organizing this evidence clearly makes it easy for the adjuster to see the justification for your demand.

Set a Clear Deadline for a Response

To keep the process moving forward, your demand letter should include a specific deadline for the insurance company to respond. This simple step creates a sense of urgency and shows that you expect a timely reply. Without a deadline, your claim could languish on an adjuster’s desk for weeks or even months.

Choose a reasonable timeframe, such as 14 or 30 days, for them to review your letter and evidence. Politely state that if you do not receive a response by that date, you will consider your other options to resolve the claim. This lets the insurance company know you are serious about your counteroffer and are prepared to take further action if they don’t engage in good-faith negotiations.

How to Communicate Your Counteroffer Effectively

Once you’ve calculated a fair counteroffer and drafted your demand letter, the next step is presenting it to the insurance company. How you communicate during this phase is critical. Your goal is to be firm, professional, and clear, showing the adjuster that you’ve done your homework and are serious about getting the compensation you deserve. A strategic approach to communication can make all the difference in how your counteroffer is received and can move you closer to a fair settlement without unnecessary conflict.

Maintain Professional Communication

It’s completely understandable to feel frustrated or even angry when you receive a lowball offer. The key is not to let those emotions drive your response. An angry phone call or a heated email will only make the adjuster defensive and less willing to negotiate. Instead, take a moment to cool off. Your communication should always be calm, polite, and business-like. Stick to the facts of your case and avoid making personal attacks or accusations. A professional demeanor shows that you are in control and are approaching this as a serious negotiation, which often earns more respect—and better results—from the adjuster.

Keep a Written Record of Everything

From this point forward, try to keep all important communication in writing. After a phone call with the adjuster, send a follow-up email summarizing what was discussed and any agreements that were made. Always ask the insurance company to submit any settlement offers to you in writing. This creates a clear paper trail of your entire negotiation. Having a written record is incredibly valuable because it prevents misunderstandings and provides proof of your discussions if a dispute arises later. If you find the back-and-forth overwhelming, having these records organized is the first step to getting help. You can always contact a professional to review your case.

Justify Your Counteroffer with Facts

Your counteroffer shouldn’t just be a number; it should be a conclusion supported by evidence. In your communication, clearly connect your requested amount to the documents you’ve gathered. Refer back to specific repair estimates, medical bills, and proof of lost wages. For example, instead of just saying your car lost value, present the findings from your diminished value report and explain how that specific amount was calculated. By backing up your claim with concrete facts, you shift the conversation from a subjective disagreement over money to an objective discussion based on documented losses. This makes your position much harder for the insurer to dismiss.

Ask the Insurer for a Detailed Breakdown

If the insurance adjuster refuses to budge from their low offer, don’t just accept their “no.” Politely ask for a detailed, written explanation of how they calculated their figure. What specific evidence did they consider? What formulas or guidelines did they use? This puts the ball back in their court and requires them to justify their position with facts, just as you have. Often, their reasoning may be weak or based on general company policies rather than the specifics of your case. Getting their rationale in writing can expose flaws in their assessment, giving you a powerful tool for your next response.

What to Expect After You Submit Your Counteroffer

Once you’ve sent your counteroffer, you might feel a mix of relief and anxiety. You’ve stood up for what you deserve, but now you have to wait for the insurance company’s response. This is where the negotiation process truly begins. The adjuster will review your demand letter and the evidence you provided. Their response will set the tone for the next steps, so it’s helpful to understand the different paths this could take. Being prepared for the possibilities will help you stay in control of the situation and make clear-headed decisions.

Prepare for Continued Negotiations

The most common outcome after you submit a counteroffer is that the insurance company will come back with another offer. It likely won’t be everything you asked for, but it will probably be higher than their initial lowball amount. Think of this as a conversation. Rejecting their first offer and providing your own is your way of starting the real discussion. The adjuster may call you to discuss your counteroffer, ask for more documentation, or simply send a new number in writing. This back-and-forth is a standard part of the claims process. The key is to remain patient and persistent, continuing to justify your position with the facts of your case. Handling these ongoing talks can be draining, which is why many people choose to have an experienced attorney manage their property damage claims.

Anticipate Potential Delays or Rejection

Don’t be surprised if the insurance company doesn’t respond right away. Adjusters are often handling many cases at once, and sometimes, they use delays as a tactic to pressure you into accepting a lower offer out of frustration. It’s also possible they will reject your counteroffer outright and stick to their original number. While this can feel discouraging, it’s important not to panic. An insurance company almost never withdraws its offer completely just because you tried to negotiate. A rejection is simply their move in the negotiation. You can continue to press your case, provide more evidence, or decide it’s time to get a legal professional involved to show them you’re serious.

Know When It’s Time to Escalate

If you’ve gone back and forth with the insurance company and they still refuse to offer a fair settlement, you’ve reached a crossroads. At this point, continuing to negotiate on your own may not be productive. It might be time to consider escalating the matter. This could mean filing a complaint with the Georgia Office of Insurance and Safety Fire Commissioner or pursuing legal action. Taking a case to court can be a complex and lengthy process, so it’s not a decision to be made lightly. This is the moment when having an expert legal opinion is invaluable. An attorney can assess your case and advise you on whether a lawsuit is the right next step. If you feel like you’ve hit a wall, it’s a good idea to contact a lawyer to discuss your options.

Recognize Common Insurance Company Tactics

Insurance companies are businesses, and their goal is to protect their bottom line by paying out as little as possible on claims. They train their adjusters to use specific tactics to achieve this. Their first offer is almost always low because they hope you’ll be eager to settle quickly and won’t know the true value of your claim. They might also try to downplay your damages, question the necessity of your repairs, or argue that your evidence is insufficient. For example, they may dispute your diminished value assessment without a solid basis. By recognizing these strategies for what they are—tactics to save the company money—you can avoid feeling intimidated and stay focused on the facts.

Common Mistakes to Avoid When Countering an Offer

Negotiating with an insurance adjuster can feel like a high-stakes game, and it’s easy to make a misstep if you’re not prepared. Insurance companies handle thousands of claims and have a tested playbook for minimizing payouts. Knowing their tactics—and the common mistakes people make—can help you protect your interests and secure the compensation you deserve. By avoiding these frequent pitfalls, you can approach your counteroffer with confidence and clarity, ensuring you don’t leave money on the table.

Accepting the First Offer

It’s tempting to take the first offer and put the accident behind you, but this is almost always a mistake. The insurance company’s initial offer is a starting point for negotiations, and it’s intentionally low. They are testing the waters to see if you’ll accept a quick, cheap payout. Remember, their goal is to resolve the claim for the least amount of money possible. Treat this first number as an invitation to negotiate, not a final decision. Before you even think about accepting, take the time to fully calculate your damages and understand what your claim is truly worth.

Getting Emotional or Unprofessional

Dealing with a lowball offer after a stressful car accident can be incredibly frustrating. It’s natural to feel angry or insulted. However, letting those emotions take over your communications will only hurt your case. Yelling at an adjuster or sending an angry email won’t get you a better offer; it might just make them less willing to negotiate. Instead, take a deep breath and focus on the facts. A calm, professional, and persistent approach is far more effective. A well-crafted response that clearly outlines your position with supporting evidence will always be more persuasive than an emotional outburst.

Failing to Document Communications

If a conversation isn’t in writing, it might as well have never happened. Never rely on verbal agreements or promises from an insurance adjuster. After any phone call, send a follow-up email summarizing what was discussed, including any figures or timelines mentioned. Keep a detailed log of every interaction, noting the date, time, who you spoke with, and what was said. Getting everything in writing creates a clear record of the negotiation process. This paper trail is crucial evidence if a dispute arises and demonstrates that you are organized and serious about your claim.

Settling Before Knowing the Full Extent of Your Damages

One of the biggest mistakes you can make is accepting a settlement too early. You might not know the full extent of your vehicle’s damage or your physical injuries right away. Some car problems only appear later, and certain injuries can take weeks to fully manifest. Once you sign that release form and accept a settlement, you forfeit your right to seek any further compensation for the accident. That’s why it’s critical to wait until you have a complete picture of all your losses—including repair costs, medical bills, lost wages, and your vehicle’s diminished value—before agreeing to any offer.

When Should You Involve a Lawyer?

Deciding to handle an insurance claim on your own can feel empowering, but there often comes a point where the process feels overwhelming and unfair. Insurance companies have teams of professionals working to protect their bottom line, and it’s easy to feel outmatched. Involving a lawyer isn’t about starting a fight; it’s about leveling the playing field and ensuring your voice is heard. An attorney can step in at any stage, whether you’ve just received a lowball offer or negotiations have completely stalled. Their job is to protect your interests and make sure you receive the full compensation you’re entitled to after an accident.

Signs You Need Legal Representation

If you’re feeling pressured, confused by legal jargon, or simply believe the offer is too low, it’s probably time to seek legal advice. A major red flag is when the settlement doesn’t cover all your expenses, from vehicle repairs to future costs. Another critical issue is the complexity of settlement agreements. You might not be aware of things like subrogation liens, where other parties, like your health insurance company, could have a right to a portion of your settlement money. Without understanding these details, you could accept an offer only to find you owe most of it to someone else. If the insurer is dragging their feet or ignoring your calls, it’s a clear sign you need a professional to advocate for you.

How Gastley Law Maximizes Settlements in Georgia

Insurance companies are businesses, and their initial offers are often low to protect their profits, not to reflect your actual losses. At Gastley Law, we know the tactics insurers use in Georgia, and we don’t let them get away with it. We start by conducting a thorough evaluation of your case to determine its true value. This includes not just the obvious repair costs but also the significant loss in your vehicle’s resale value, known as diminished value. We build a strong, evidence-based case to challenge the insurer’s low offer and fight for a settlement that covers every dollar you are owed. Our team handles the negotiations so you can focus on getting your life back to normal.

The Benefits of Having a Professional Negotiator on Your Side

When you hire an attorney, the insurance company knows you’re serious about getting a fair settlement. This simple act can shift the entire dynamic of the negotiation, often leading to a better offer much faster. A professional negotiator understands the legal deadlines and procedures, ensuring your claim is filed correctly and on time. We handle all communications, present the evidence logically, and counter the insurer’s arguments with facts. Having an expert from Gastley Law on your side removes the stress and emotion from the process, allowing for clear-headed negotiation focused on one goal: securing the maximum compensation for your property damage claim. Our legal representation ensures you won’t be intimidated into accepting less than you deserve.

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Frequently Asked Questions

What happens if I just accept the first offer? It seems so much easier. I completely get the temptation to take the first offer and just be done with it. An accident is stressful enough without adding a negotiation to your plate. But that first offer is a business tactic, not a fair assessment of your losses. Insurance companies count on you wanting a quick resolution. Accepting it means you could be paying for hidden damages or the loss in your car’s value out of your own pocket, and you permanently sign away your right to ask for more money for this claim.

How long does this negotiation process usually take? There isn’t a standard timeline, and it really depends on the complexity of your claim and how responsive the insurance company is. A straightforward negotiation might wrap up in a few weeks, while a more complicated case could take several months. The insurance company might even use delays as a tactic to wear you down. The most important thing is to be patient and not let their timeline pressure you into accepting an unfair amount.

What if the insurance company just ignores my counteroffer? It’s frustrating, but this does happen. If the deadline you set in your demand letter passes without a word, your first step is to send a polite but firm follow-up in writing. If they continue to ignore you, it’s a clear sign that they aren’t taking your claim seriously. This is often the point where bringing in a legal professional becomes necessary to show the insurer that you will not be dismissed.

I have so much paperwork. What’s the most important evidence for my property damage claim? While every document helps build your case, two pieces of evidence are especially powerful for property damage. First, get independent repair estimates from shops you trust to show the true cost of fixing your car correctly. Second, a professional diminished value report is essential. This report provides a credible, expert calculation of how much your car’s resale value has dropped because of the accident, a loss that insurance companies rarely want to pay for without a fight.

Do I really need a lawyer if no one was hurt and it’s just damage to my car? Even if your claim only involves property damage, a lawyer can make a significant difference. Insurance companies will still try to pay as little as possible for repairs and will almost certainly undervalue your car’s diminished value. An attorney who specializes in these types of claims understands Georgia’s specific laws and knows how to build a case that forces the insurer to pay what you’re truly owed. It takes the stress and guesswork off your shoulders and levels the playing field.

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