What Steps Are Involved in Negotiating Counteroffers With an Adjuster?
Detailed Answer: How to Negotiate Counteroffers With an Insurance Adjuster in North Carolina
Settling a personal-injury claim is often a back-and-forth process. Below is a roadmap North Carolina claimants can follow to move from the insurer’s first offer to a fair settlement:
Prepare a Solid Demand Package
Collect medical records, bills, wage-loss documentation, photographs, and witness statements.
Calculate all special damages (medical expenses, lost wages, property damage) and add a reasonable amount for pain and suffering.
Send a clear demand letter that cites deadlines and references any relevant North Carolina statutes, such as the three-year personal-injury limitation period in N.C. Gen. Stat. § 1-52.
Receive and Evaluate the Adjuster’s First Offer
Expect the insurer to start low—sometimes at or below the medical bills.
Compare the offer to your documented losses; note any items the adjuster ignored.
Ask for the specific reasons behind low valuation. Under N.C. Gen. Stat. § 58-63-15(11), insurers must conduct a reasonable investigation and explain denials.
Formulate Your Counteroffer
Reduce your initial demand modestly, not drastically, to show you are negotiating in good faith.
Attach additional evidence addressing the adjuster’s stated concerns (e.g., new doctor’s note showing permanent impairment).
Emphasize facts favoring you under North Carolina’s strict contributory-negligence rule (any fault bars recovery). If you were not at fault, state that clearly.
Use Written and Phone Communication Strategically
Confirm all settlement numbers in writing or email.
Document each phone call—date, time, who participated, and key points.
Politely request the adjuster’s supervisor if progress stalls.
Account for Liens Before Accepting
Medicaid and medical-provider liens are common. North Carolina’s Medicaid lien limits are in N.C. Gen. Stat. § 108A-57.
Confirm the net amount you will actually receive after lien resolution.
Know When to Stop Negotiating
If the adjuster reaches your bottom-line number, be ready to settle.
If the insurer remains far apart, consider mediation or filing suit before the statute of limitations expires.
Finalize the Settlement Correctly
Read the release carefully; confirm it covers only the intended parties and injuries.
Ensure the check includes correct payees, especially if health-care providers must be listed.
Keep a complete copy of the signed release and the settlement check for tax and lien purposes.
Helpful Hints for Successful Counteroffers
Set an internal bottom-line number before any negotiations begin.
Use simple spreadsheets to track every offer and counteroffer.
Attach newly incurred medical bills promptly; they strengthen later counteroffers.
Never exaggerate damages—credibility drives settlement value.
Mark your calendar 30, 60, and 90 days before the three-year deadline so the insurer cannot run out the clock.
Consider recorded statements risky; provide a written summary instead whenever possible.
Ready to negotiate from a position of strength? Our North Carolina personal-injury team has years of experience guiding injured clients through every adjuster counteroffer. Call us today at 919-313-2737 for a free case evaluation and personalized strategy.
