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.
Possible Legal Action: If negotiations don't yield a satisfactory offer, a lawsuit may become necessary, requiring additional time and resources. Risk of Lower Final Settlement: In some cases, litigation may lead to a settlement lower than the initial offer, depending on the court's decision.
If you disagree with the offer, you can decline it. However, rejecting a settlement offer isn't as simple as saying, “Sorry, I won't accept it.” Instead, before rejecting a settlement offer, it's important to think through this decision.
Possible Legal Action: If negotiations don't yield a satisfactory offer, a lawsuit may become necessary, requiring additional time and resources. Risk of Lower Final Settlement: In some cases, litigation may lead to a settlement lower than the initial offer, depending on the court's decision.
A significant misconception needs addressing: you can't overturn a settlement agreement simply because you've changed your mind or found a better deal. The grounds for challenging these agreements are specific and limited: Fraud or misrepresentation. Actual duress or coercion.
Always reject a settlement offer in writing. Type a letter to your contact at the insurance company listing the reasons you think that their offer is too low. Back up these reasons with concrete evidence attached to the letter. Finally, provide a counteroffer of a sum you think is more reasonable.
Your settlement letter should begin with a heading that clearly identifies it as a settlement proposal. Be sure to include your contact information, such as your name, address and phone number so that the recipient can get in touch with you if necessary.
Speaking to the employee involved about the issues and the proposal of settlement can be a helpful first step. Putting an offer in writing can help prevent misunderstandings. A written offer would usually outline the proposed terms of an agreement – for example, what the proposed compensation might be.
What things should be included in the Full and Final Settlement Letter? Settlement Amount: Clearly state the finalized amount to be settled. Settlement Cheque: Provide details regarding the issuance of the settlement cheque. Resignation/Termination Date: Specify the date on which the employee resigned or was terminated.