Should I Prepare and Present a Counteroffer to an Insurance Adjuster’s Initial Settlement Proposal?

Woman looking tired next to bills

Should I Prepare and Present a Counteroffer to an Insurance Adjuster’s Initial Settlement Proposal?

Detailed Answer

In most North Carolina personal-injury claims, the insurance adjuster’s first offer is only a starting point. You are not required to accept it, and you generally improve your odds of fair compensation by preparing a well-documented counteroffer. Below is a step-by-step look at why and how to respond under North Carolina law.

1. Understand the Insurer’s Motives

Adjusters work for the insurer, not for you. Their job is to close claims quickly and at the lowest reasonable cost. The first offer often arrives before all medical bills, wage records, or future-care projections are available. By countering, you can:

  • Include every past and future loss supported by evidence.
  • Address pain, suffering, and loss of enjoyment that North Carolina allows juries to award.
  • Demonstrate that you are informed and willing to pursue litigation if needed.

2. Gather the Proof North Carolina Courts Expect

Successful counteroffers rely on documentation. Collect:

  • Medical records, bills, and physician narratives.
  • Proof of lost wages or reduced earning capacity.
  • Photographs, witness statements, and incident reports.
  • Future-care projections and life-care plans, if applicable.

Under N.C. Gen. Stat. § 8-44.1, properly authenticated medical bills are admissible evidence of the value of medical treatment—use this to support the dollar amount in your counter.

3. Account for Contributory Negligence

North Carolina follows pure contributory negligence: any negligence on your part—no matter how small—can bar recovery. Addressing this up front in your demand letter can strengthen your position. Explain why the evidence shows the defendant’s exclusive fault or why an insurer’s own insured was at least 51% responsible.

4. Review Coverage Limits

Knowing the policy limits helps you decide how hard to push. The minimum auto-liability limits are set by N.C. Gen. Stat. § 20-279.21. If losses exceed those limits, explore:

  • Umbrella or excess policies.
  • Your own underinsured-motorist (UIM) coverage.
  • Additional liable parties (employer, product manufacturer, etc.).

5. Be Mindful of Deadlines

You normally have three years from the injury to file suit (N.C. Gen. Stat. § 1-52). Do not let prolonged negotiations push you past that date. Filing a lawsuit preserves your claim and often prompts higher settlement discussions.

6. Follow Unfair Claims-Settlement Rules

North Carolina prohibits insurers from unfair claim practices like “compelling insureds to sue by offering substantially less than amounts ultimately recovered” (N.C. Gen. Stat. § 58-63-15(11)). A well-supported counteroffer puts the insurer on notice and can support a later bad-faith claim if adjustments remain unreasonable.

7. Structure the Counteroffer Letter

  1. Header: Claim number, date of loss, your contact information.
  2. Liability Summary: Explain why their insured is 100% at fault.
  3. Injury & Treatment Summary: Attach medical records and bills.
  4. Damages Table: Itemize totals (medical, wage loss, pain & suffering, future costs).
  5. Demand Figure: Present a thoughtful amount, leaving negotiation room.
  6. Time Limit: Give 20–30 days to respond, but remain flexible.
  7. Settlement Conditions: Confidentiality, release language, lien satisfaction.

8. When to Engage Legal Counsel

If injuries are significant, liability is disputed, or the insurer stalls, hiring a North Carolina personal-injury attorney typically increases net recovery. An attorney can:

  • Uncover additional coverage.
  • Negotiate medical-lien reductions.
  • File suit before the statute of limitations expires.

Helpful Hints

  • Never sign a blanket medical authorization; provide only relevant records.
  • Do not discuss your case on social media—the insurer will monitor posts.
  • Document pain daily in a journal; it helps justify non-economic damages.
  • Keep copies of every letter, email, and voicemail with the adjuster.
  • Politely confirm all verbal agreements in writing within 24 hours.
  • Consider future damages such as scar revision or orthopedic hardware removal.
  • Request a copy of the declarations page to verify policy limits.
  • Watch for hospital or ER physician liens under N.C. Gen. Stat. § 44-49 and satisfy them at settlement.

Ready to Protect Your Claim?

The first offer rarely reflects your claim’s true value. A strategic counteroffer—backed by solid evidence and North Carolina law—keeps the negotiation fair. Our firm’s seasoned attorneys negotiate with insurers daily and stand ready to advocate for you in court when needed. Call us now at 919-313-2737 for a free, no-obligation consultation and let us fight for the compensation you deserve.

Categories: 
close-link