Short Answer

Yes. Your attorney can usually respond to a low insurance offer with a revised counteroffer, provided the response follows the authority and instructions you gave the attorney. A counteroffer continues the negotiation, but it does not guarantee that the insurer will approve the amount, and it may affect whether an earlier offer remains available.

What a Counteroffer Means in a Personal Injury Claim

A settlement demand states the amount and terms under which an injured person is willing to resolve a claim. If the insurance company responds with less, your attorney does not have to treat that response as the insurer's final position. The attorney may reject it, ask for an explanation, provide additional support, or make a counteroffer.

A counteroffer is a new proposal. It may reduce the prior demand while still seeking more than the insurer offered. The response can also address weaknesses in the insurer's evaluation, such as missing medical records, disputed lost income, questions about fault, or an incomplete understanding of how the injuries affected daily activities.

Negotiation often involves several exchanges. An adjuster may also need approval from a supervisor or another claims representative before agreeing to a revised amount. A statement that a counteroffer is being submitted for approval usually means the insurer has not yet accepted it.

Your Attorney Can Negotiate, but You Control Settlement

Your attorney may communicate proposals and negotiate within the authority you provided. However, the decision to settle belongs to you. Before a claim is finally resolved, you should understand the proposed amount, the terms of any release, and the expenses or lawful claims that may be paid from the proceeds.

Attorneys and clients sometimes establish an approved negotiating range. In other situations, the attorney checks with the client before making each counteroffer. The appropriate process depends on the representation agreement, prior conversations, and the instructions given in the particular claim.

If you are uncertain whether you approved the revised figure, ask your attorney:

• What amount and terms were communicated to the insurer?
• Was the proposal presented as a firm offer or only as a discussion point?
• How long will the counteroffer remain open?
• Does making it affect the insurer's earlier offer?
• Will the attorney obtain your approval before accepting a response?

These questions do not signal distrust. They help ensure that everyone understands the same negotiating authority and settlement goals.

Why the Insurance Company's Offer May Be Lower

An insurer may assign a lower value because it disputes fault, causation, the amount of medical expenses, the duration of symptoms, lost income, or the connection between the incident and the claimed losses. The adjuster may also believe that records are missing or that the demand does not fully explain the damages.

Your attorney can ask the insurer to identify the basis for its position. That explanation may show whether the next response should include additional documents, correct a factual error, or address a legal defense.

Fault deserves particular attention in North Carolina. The state allows contributory negligence as a defense. If the defense proves that the injured person's own negligence helped cause the injury, the claim can face serious difficulty. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally bears the burden of proving it. Evidence should therefore address both what the other party did wrong and why the injured person acted reasonably.

Information That Can Support a Revised Counteroffer

A useful counteroffer is usually based on evidence rather than simply choosing a number between the demand and the insurer's offer. Depending on the claim, your attorney may review or submit:

• Medical records, bills, and visit summaries related to the injury.
• Photographs, video, crash reports, incident reports, or witness information.
• Pay records and employer documentation supporting lost income.
• Receipts for injury-related out-of-pocket expenses.
• Provider documentation about future care or physical limitations, when supported.
• Insurance letters, denial explanations, and prior communications with the adjuster.
• A written account of how the injury affected work and ordinary activities.

The attorney should also consider the proposed settlement's practical effect. Attorney fees, case expenses, medical balances, reimbursement claims, and valid liens may affect what remains after settlement. That does not determine the insurer's legal responsibility, but it is important when evaluating whether a proposal meets the client's goals.

Risks to Consider Before Making the Counteroffer

The earlier offer may not remain available

An insurer may withdraw an offer, place a deadline on it, or treat a counteroffer as a rejection of the earlier proposal. The exact wording of the communications matters. Do not assume that you can return to the prior amount later unless the insurer confirms that it remains open.

Settlement terms include more than the amount

Insurers commonly require a release that ends the covered claim. Other terms may address confidentiality, responsibility for medical balances, reimbursement claims, or how checks will be issued. Your attorney should review the complete proposal rather than focusing only on the headline amount.

Negotiations do not automatically stop a lawsuit deadline

Settlement discussions generally do not pause or extend the deadline for filing a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year period for many North Carolina personal injury actions, although the correct deadline depends on the claim and its facts. An adjuster's ongoing review or request for supervisor approval does not by itself protect the right to file suit.

How This Applies to the Current Negotiation

Here, the insurer made an offer below the attorney's prior demand, and the attorney is presenting a revised counteroffer for supervisor approval. That is a normal negotiation step. It suggests that the parties have not yet reached a final agreement and that the insurer's representative may lack authority to approve the revised figure without internal review.

The injured person should confirm that the attorney had permission to make the revised proposal and should ask whether the earlier offer remains open. It is also reasonable to ask what evidence supports the counteroffer, what issues are preventing agreement, and whether any response deadline or lawsuit deadline is approaching.

If the supervisor declines the counteroffer, the claim does not necessarily end. The available next steps may include further negotiation, providing additional documentation, maintaining the demand, or evaluating litigation. The appropriate choice depends on the evidence, legal risks, expected costs, and the client's instructions.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may review the insurer's offer, the demand package, medical and wage documentation, fault evidence, and prior claim communications. The firm may also help identify why the insurer discounted the claim, prepare a supported counteroffer, track applicable deadlines, and explain the practical effect of settlement terms.

If an agreement is reached, an attorney can review the release and help address case expenses, medical balances, reimbursement requests, or valid liens before funds are distributed. No attorney can require an insurer to accept a particular proposal, but legal guidance can help a client make an informed decision at each stage.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.