Where This Fits in the Claim Process
If you already received an initial offer and your attorney sent a counteroffer, you are usually in the negotiation stage. At that point, the adjuster may still be (1) finishing investigation, (2) waiting on internal authority, (3) reviewing medical records and bills, or (4) reassessing liability and damages. Sometimes, though, delay is simply a tactic to slow momentum or test whether the claimant will accept less.
Practical Steps That Usually Help
- Control the communication: Your attorney can follow up in a consistent, professional way and keep a clean paper trail (dates, who was contacted, and what was requested). When appropriate, confirming key points in writing helps prevent misunderstandings about what was offered and when.
- Protect the record: Delays often get blamed on “missing information.” A strong counteroffer typically works best when it clearly ties the number to the evidence—what treatment occurred, how the injury affected daily life and work, and what documents support those points. If the adjuster claims something is missing, your attorney can ask for a specific list and a specific reason it matters.
- Escalation options: If the adjuster will not respond, your attorney can request a supervisor review or send a more formal follow-up letter that summarizes the history of offers and requests a response by a reasonable date. If the case still does not move, the next escalation is often preparing for litigation so the case is not controlled by the adjuster’s timeline.
Common Mistakes to Avoid
- Letting silence run out the legal deadline: Negotiations do not automatically extend the time to file suit. In many North Carolina personal injury cases, the lawsuit deadline is three years, and waiting too long can remove leverage or end the claim entirely.
- Assuming “no response” means “no case”: A delayed response may have nothing to do with the strength of your claim. It may be internal delay, workload, or a request for more documentation.
- Over-explaining in informal messages: Off-the-cuff emails or calls can create inconsistencies. It is usually better for communications to stay focused on the facts, the documents, and what response is being requested.
- Accepting made-up urgency: Sometimes an adjuster creates pressure (“this offer expires today”) while also delaying responses. Your attorney can ask what the deadline is based on and get it in writing.
How This Applies
Apply to your facts: Because you are represented and a counteroffer is already being presented, the next helpful step is usually a documented follow-up that (1) confirms the counteroffer terms, (2) asks what specific information the adjuster still needs to evaluate it, and (3) requests a response by a reasonable date. If the adjuster continues to ignore communications, your attorney may shift focus to litigation planning so the claim does not drift past key deadlines.
Conclusion
If an adjuster ignores a counteroffer, it usually means the negotiation is stalled—not that your counteroffer was accepted or that your claim is over. The most effective response is typically a structured follow-up: document contacts, ask for a specific list of what the adjuster needs, and set a clear request for a response. If delays continue, the key is protecting your legal deadlines and considering whether moving toward suit makes sense.
