Where This Fits in the Claim Process
Your question usually comes up after the insurer has reviewed early records and made a first “testing” offer. At this stage, your attorney is typically building a clearer picture of your damages (medical bills, lost time from work, and day-to-day impact) and also checking for any liability disputes or defenses the adjuster may use to justify a lower number.
Practical Steps That Usually Help
- Compare the offer to what can be proven (not just what feels fair): A reasonable evaluation starts with documentation—medical records and bills, wage loss proof, and clear notes about how the injury changed your daily life. If the offer ignores a category of loss you can document, that is a common sign it is low.
- Pressure-test the insurer’s “discounts”: Adjusters often reduce value based on issues like delayed treatment, gaps in care, minimal vehicle/property damage, limited objective findings, pre-existing conditions, or an argument that treatment was more than necessary. Your attorney’s counteroffer should directly address those points with facts (timeline, exam findings, work restrictions, and consistent symptom reporting).
- Account for North Carolina fault defenses early: North Carolina follows contributory negligence in most negligence cases. That means if the insurer can prove you contributed to the incident, even slightly, it may argue you recover nothing. A low initial offer sometimes signals the adjuster thinks they have a fault argument. Your attorney can evaluate whether the evidence actually supports that defense and how it affects negotiation posture.
- Value the “human” damages with specifics: Pain and suffering is not just a label. It is usually supported by concrete examples—sleep disruption, inability to lift, drive, sit, concentrate, care for children, do household tasks, or perform job duties. Detailed, consistent examples often move negotiations more than general statements.
- Consider the cost-benefit of the next step: If the offer is below a reasonable range, the next step may be continued negotiation, mediation, or filing suit. Litigation can add time, stress, and expense, so a smart evaluation weighs what you might gain versus what it may cost to pursue it.
Common Mistakes to Avoid
- Judging the offer only by medical bills: Bills matter, but so do wage loss, future care needs, and day-to-day limitations. The flip side is also true: high bills alone do not automatically mean a high value if the insurer disputes causation or necessity.
- Underestimating documentation problems: Delayed treatment, gaps in care, or inconsistent symptom descriptions can give the insurer room to argue the injury was minor or unrelated.
- Overlooking liability risk in NC: Because contributory negligence can be a complete defense, even small “fault” allegations can heavily influence offers and negotiation strategy.
- Letting the adjuster set artificial deadlines: Some deadlines are real (like court filing deadlines). Others are just negotiation pressure. Your attorney can separate the two.
How This Applies
Apply to your facts: Because you are represented and your attorney is preparing a counteroffer, the key question is whether the insurer’s number matches the evidence your attorney can present: complete medical documentation, wage loss proof, and specific examples of how your injuries affected daily life. If the adjuster is leaning on issues like treatment gaps, “minor impact,” or any allegation you contributed to the incident, your attorney’s counteroffer should directly answer those points and explain why they do not justify the discount the insurer is applying.
Conclusion
An initial offer is often too low when it does not match what your records and real-life impact can prove, or when it “prices in” defenses that the evidence does not support. In North Carolina, fault arguments matter more than many people expect because contributory negligence can bar recovery. One practical next step is to work with your attorney to list every loss category with supporting documents and specific day-to-day examples, then use that package to drive a focused counteroffer.
