Where This Fits in the Claim Process
An initial settlement offer usually comes after the insurer has enough information to put a “first number” on the claim, but before they feel pressure that they might face a lawsuit. At this stage, insurers often leave room to move if you can support your damages better, clear up questions about treatment, or address defenses they may raise (like blaming you for part of the crash).
Practical Steps That Usually Help
- Ask what is missing (in writing): Request a clear list of what the adjuster says is needed to re-evaluate the offer (for example: itemized bills, wage-loss proof, or a final treatment summary). Keep the request short and factual.
- Upgrade the “damages packet” you send: Insurers tend to move when you present organized proof. Common items include:
- Medical bills and records: visit summaries, diagnostic reports, and a current billing ledger showing what is owed versus paid.
- Out-of-pocket costs: receipts for injury-related expenses (generic categories only).
- Wage loss documentation: a letter or payroll record showing dates missed and the pay rate.
- Impact summary: a brief timeline of symptoms and limitations (plain English, consistent with your medical records).
- Address liability and defenses directly: In North Carolina, contributory negligence can be a major issue because the insurer may argue you were even slightly at fault. If the adjuster is discounting the claim due to fault questions, respond with concrete support (photos, witness contact info, or a clear explanation of why the other driver’s actions caused the crash). Avoid exaggeration.
- Be cautious with sworn statements and “affidavit” requests: An affidavit is a sworn statement. If you sign one that is inaccurate—or even incomplete—it can be used to challenge your credibility later. Before signing, make sure it matches what your paperwork shows (for example, whether you truly had no health coverage at the time, whether any bills were paid by any source, and what amounts remain owed).
- Make a specific, supported counteroffer: Instead of only saying “increase the offer,” explain what changed and why. Example: “Since your offer, I obtained itemized billing and wage documentation. The unpaid balance and time missed from work are higher than what was previously documented.”
- Escalation options if communication stalls: If the adjuster stops responding, you can request supervisor review and send a short follow-up letter/email summarizing what you provided and asking for a written response by a reasonable date. Keep copies of everything.
Common Mistakes to Avoid
- Rushing into a recorded or sworn statement: If you are unsure what the statement will be used for, ask for the questions/topics in advance and keep answers limited to what you know.
- Sending inconsistent information: Differences between your affidavit, medical history forms, and prior statements can become a reason to deny or reduce the claim.
- Over-focusing on “unpaid bills” alone: Unpaid bills can matter, but insurers also evaluate whether treatment was necessary, related to the crash, and well-documented.
- Missing the bigger timeline: Negotiations can continue, but you should not let talks drift past the deadline to file suit if that becomes necessary.
How This Applies
Apply to your facts: The insurer has already signaled what might move the needle: proof about health insurance status and whether medical bills remain owed. If you choose to provide an affidavit, make it strictly truthful and consistent with your records (including any billing statements showing balances). At the same time, you can often strengthen your request by sending a clean, organized packet of medical bills/records and any wage-loss proof so the adjuster has a documented reason to re-evaluate the offer.
Conclusion
To increase a settlement offer, focus on better proof and cleaner presentation: updated medical bills and records, wage-loss documentation, and a clear explanation of how the crash affected you. In North Carolina, be especially careful about anything that could be framed as you contributing to the crash. If the insurer requests an affidavit about insurance and unpaid bills, treat it as a serious sworn statement and make sure it is accurate and consistent. One next step: gather your current billing ledger and send a structured, written request for re-evaluation.
