Where This Fits in the Claim Process
A counteroffer usually happens after the insurer has opened the claim, investigated the incident, and made an initial offer. At this stage, the adjuster is typically deciding (1) whether liability is clear enough to pay more and (2) whether the documentation supports a higher value for the injuries and losses. A good counteroffer makes it easy for the adjuster to justify moving the number.
Practical Steps That Usually Help
- Start with a clear “why” and a clear “ask”: State the counteroffer amount and briefly explain why it is reasonable based on the evidence (injuries, treatment, time missed from work, and how the incident happened).
- Lay out liability in plain English: Provide a short incident summary, identify the key rule that was violated (for example, unsafe driving behavior), and point to the best supporting proof (photos, witness info, diagrams, or a crash report). If the insurer is disputing fault, address that directly.
- Organize the medical story: Include a treatment timeline (first symptoms, first visit, follow-ups, therapy, imaging, referrals). Note any gaps and explain them with documentation when possible (for example, scheduling delays or work conflicts), without exaggeration.
- Itemize damages with backup: Provide totals and supporting documents for medical bills/charges, out-of-pocket expenses, and wage loss. If future care is being claimed, include the basis for it (such as provider recommendations or documented ongoing limitations), stated carefully and accurately.
- Explain pain and day-to-day impact: Summarize the practical effects—sleep disruption, driving limits, household tasks, childcare, hobbies, and work restrictions—tied to dates and treatment records where possible.
- Address North Carolina defenses early: Because contributory negligence can bar recovery if the claimant is found even slightly at fault, a counteroffer should anticipate and respond to any “you contributed” argument (speed, lookout, seatbelt arguments, inconsistent statements, etc.).
- Make the package easy to review: Use a short cover letter/email plus a clean index of attachments (medical records, billing ledger, wage documentation, photos). The easier it is to verify, the easier it is to move the offer.
Common Mistakes to Avoid
- Countering with a number but no support: If the counteroffer does not connect the number to records, bills, and a clear narrative, it often stalls.
- Overstating injuries or minimizing pre-existing issues: Inconsistent or exaggerated descriptions can undermine credibility and invite deeper scrutiny.
- Ignoring treatment gaps: Gaps are common, but they should be explained with accurate context and documentation when available.
- Not addressing fault disputes: If liability is not “reasonably clear,” adjusters often hold their number. A counteroffer should tackle the weak points, not just the strong ones.
- Sending disorganized records: A stack of documents without an index, timeline, or totals can slow review and lead to missed details.
How This Applies
Apply to the facts: Because you are represented and the insurer has already made an initial offer, your counteroffer should function like a short, organized “update” that highlights the strongest liability proof and the clearest damages proof. Your attorney will typically present a treatment timeline, a clean summary of medical charges and wage loss, and a concise explanation of how the injuries affected daily life. In North Carolina, it is also important to directly address any allegation that the claimant contributed to the incident, since that issue can significantly affect negotiations.
Conclusion
A persuasive counteroffer is more than a higher number. It is a clear, well-organized explanation of liability and a documented breakdown of losses, paired with a practical summary of how the injury changed day-to-day life. In North Carolina, it also helps to address any contributory negligence arguments head-on. One next step that often helps is to ask your attorney to send a concise counteroffer package with an index, a treatment timeline, and updated totals for bills and wage loss.
