If you find the offer unacceptable, your attorney can draft a formal letter and propose a counteroffer. This letter should clearly state that the initial offer is unacceptable and refute any inaccuracies in the insurance adjuster's statements.
Once you put a settlement on the record, you cannot change your mind unless there were misrepresentations made to you and you relied on those representations to enter into the settlement agreement.
File a Lawsuit If negotiations fail, filing a lawsuit may be necessary. Courts expect parties to attempt out-of-court settlements first. A solid case showing the insurance company's likely loss in court can bring them back to the negotiation table.
I am writing in response to the settlement offer you presented on Settlement Offer Date, related to claim number Claim Number for the incident that occurred on Incident Date. After careful consideration, I must reject this offer as it does not meet my needs based on the severity and ongoing nature of my injuries.
Extended Claims Process: Declining an offer can lengthen the resolution process, which may be challenging if immediate financial needs are pressing. Possible Legal Action: If negotiations don't yield a satisfactory offer, a lawsuit may become necessary, requiring additional time and resources.
I am writing in response to the settlement offer you presented on Settlement Offer Date, related to claim number Claim Number for the incident that occurred on Incident Date. After careful consideration, I must reject this offer as it does not meet my needs based on the severity and ongoing nature of my injuries.
Be sure you send your letter to the appropriate person, whether that be an insurance adjuster or an attorney. Make it clear that you are rejecting their initial offer and include your reasons for doing so. If they provided written reasons for their low initial figure, you should also respond to those in writing.
Countering a Low Insurance Settlement Offer State that the offer you received is unacceptable. Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim. Re-state an acceptable figure. Explain why your counteroffer is appropriate, including the reasons behind your general damage demands.
Be as neutral and matter-of-fact as possible. If the insurance company made any error in its assessment of your claim, you should be clear when addressing that in your written communication. State the settlement offer you are willing to accept and the reasons why.
State the settlement offer you are willing to accept and the reasons why. You can repeat the position you stated in the first demand letter. Your attorney can advise you on whether you should stick with the amount stated in your first demand letter or if you should present a counteroffer.