Detailed answer — step-by-step process

1. Pause and read the offer carefully

When you receive a so-called “final” settlement offer, read every paragraph. Check whether the insurer requires you to sign a release, gives a short deadline, or conditions payment on anything else (for example, returning medical records or waiving future claims). A release that fully resolves all claims is common, but signing it usually ends your ability to recover more money in court for the same injury.

2. Compare the offer to your damages

Calculate your economic damages (medical bills, prescriptions, future medical costs, lost wages) and non-economic damages (pain and suffering). Add documentation value to lost future earning capacity if applicable. If the insurer’s offer does not reasonably cover your documented damages, you have grounds to contest it.

3. Gather and organize evidence

Collect all medical records, bills, wage records, photographs, police reports, and witness statements. Preserve communications and voicemail from the insurer. Put a copy of every item in a single digital and physical folder. This evidence supports a counteroffer, mediation position, or a later court claim.

4. Send a written response and a reasoned counteroffer

Respond in writing before the insurer’s deadline. Your letter should:

• State you reject the final offer.
• Summarize your injury, treatments, and total damages with attached documentation.
• Set a reasonable deadline for a revised offer (commonly 14–30 days).
• Reserve the right to pursue all legal remedies if the insurer does not negotiate.

Send the response by certified mail or other trackable means. Keep copies.

5. Use alternative dispute resolution if available

Many policies or claims processes include mediation or appraisal clauses. Mediation is a voluntary neutral process that can produce a negotiated settlement. Appraisal is common in property disputes to resolve value disputes. Check your policy and any pre-suit correspondence to see if ADR is required or recommended.

6. Consider filing suit before Nevada’s statute of limitations

If settlement talks fail, you must file a lawsuit to preserve your legal rights. For most personal injury claims in Nevada, the statute of limitations is two years from the date of injury. See NRS 11.190(4): NRS 11.190(4). Missing the deadline usually blocks your ability to sue.

7. Evaluate a bad-faith claim (unfair claim settlement practices)

Nevada law prohibits unfair claim settlement practices by insurers. If an insurer unreasonably denies, delays, or undervalues a claim, you may have a statutory or common-law claim for bad faith and related damages. Nevada’s statutes and regulations define unlawful practices; for an overview see NRS 686A.310: NRS 686A.310. In practice, bad-faith claims are fact-specific and often require legal help to pursue.

8. File a complaint with the Nevada Division of Insurance

If you believe the insurer violated industry rules, file a consumer complaint with the Nevada Division of Insurance. The Division can investigate and sometimes help resolve disputes or take administrative action. Start here: Nevada Division of Insurance.

9. Know settlement pitfalls

• Don’t sign a full release until you understand the long-term medical prognosis.
• Be cautious about accepting lump-sum offers that leave future medical costs unpaid.
• Be careful with quick cash; insurers sometimes make low early offers hoping to close claims cheaply.

10. When to consult a lawyer

Talk to a Nevada personal injury attorney if:

• Your medical bills or injuries are significant.
• The insurer pressures you to sign a release quickly.
• You suspect the insurer acted in bad faith.
• You need help valuing future damages or negotiating policy limits.

Many Nevada injury attorneys work on contingency (they receive a fee only if you recover), but confirm fee arrangements in writing.

Example hypothetical

Hypothetical facts: You were rear-ended, had two months of treatment, $20,000 in medical bills, $6,000 in lost wages, and ongoing pain that reduces quality of life. The insurer’s final offer is $8,000 and requires you to sign a full release.

How you might proceed:

1. Document treatments, bills, and wage loss.
2. Send a written counteroffer explaining total damages and proposing a settlement (for example, $36,000) with backup documentation.
3. If they refuse, offer mediation or demand a policy limits disclosure if a third party is at fault and policy limits are relevant.
4. If the insurer still refuses and you think the offer is unreasonable, consult an attorney and prepare to file suit before NRS 11.190(4)’s deadline.

Helpful Hints

• Keep all communications in writing whenever possible.
• Do not sign releases until you understand future medical needs.
• Preserve original medical records, receipts, and photographs of injuries/property damage.
• Track lost time from work with employer-stamped documents or pay stubs.
• Ask the insurer to explain how they calculated the offer and demand written justification if none is provided.
• Check whether your policy requires pre-suit notice or arbitration; follow those steps to avoid waiving rights.
• If you file suit, ask about temporary relief (like a request for preservation of evidence) if evidence is at risk.
• Keep a running summary (timeline) of events, treatments, and communications for your lawyer or mediator.