What should I do if I put together a structured demand settlement letter to the insurance company at fault and they countered my offer?

UPDATED: Mar 1, 2013

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What should I do if I put together a structured demand settlement letter to the insurance company at fault and they countered my offer?

They initially offered by 1/4 of what I was asking for. I declined and they immeditately countered, increasing their offer to just over 1/3 to my orginal asking settlement. While this is better is it still possible to get closer to 40-50% what I was asking for? The claims specialist said this was the highest amount she could offer, and that counter offer was all that was approved by management. My 2 year state statute is only 40 days away. What should I do?

Asked on March 1, 2013 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It's always *possible* to get more money--but there is no way to guaranty it. Settlements are voluntary; they can choose to offer you whatever they want, and while they may be willing to take their offer up, they may also choose to not do so.

If you accept their counter, you should get the money, since if you accept an offer or counteroffer made to you, that would form a contract; if you reject it, you may be unable to come to terms and could possibly end up getting nothing. It sounds like you are only around 5 - 7% away from what you'd like (the 40-50% level); is it worth risking getting nothing for the chance of getting that extra 5 - 7%? That's the question you need to ask yourself.


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