Nebraska: What to Do When an Insurance Company Says Their Offer Is Final

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do when an insurance company says their offer is final

Short answer: Treat a so-called “final” offer as a step in the process, not the end. Get the offer in writing, document your damages, ask for time to review, and consider an attorney or filing a complaint with the Nebraska Department of Insurance. Do not sign a release or accept money until you are sure the offer fairly compensates you.

Detailed Answer — practical steps under Nebraska law

When an insurer tells you their offer is “final,” they are often using a negotiation tactic. Under Nebraska law insurers must follow state rules and the terms of the policy when settling claims. You have options. Below are clear steps to protect your rights and preserve legal remedies.

1. Ask for the offer in writing and for a full explanation

Request a written settlement offer that explains exactly what the insurer says it is paying and why. Ask for a breakdown: medical payments, lost wages, property damage, amounts allocated to pain and suffering, and whether that payment is conditioned on signing a release. Having the offer in writing prevents misunderstandings and gives you a record to show an attorney or regulator.

2. Don’t sign releases or accept payment right away

A release typically closes your right to any further recovery for the same incident. If you accept payment and sign a release and later discover more injuries or expenses, you likely cannot get more money. Ask the insurer for time to review and consult a lawyer before you sign anything.

3. Get an itemized explanation and supporting documents

Ask the company to show how it calculated the amount. Request copies of relevant policy language (limits, exclusions), the adjuster’s notes, and any reports (medical, repair estimates, investigator reports). Insurers are required to handle claims fairly; documentation helps you evaluate fairness.

4. Compare the offer to your damages

List your current bills, expected future medical costs, lost income, property damage, and non-economic losses such as pain and suffering. If you have ongoing medical treatment or a potential surgery, an immediate low offer may not cover future costs. If you are unsure how to value non-economic damages, a lawyer or experienced adjuster can help.

5. Ask for more time and consider negotiation or mediation

Request a reasonable extension to review the offer. You can continue negotiating. If negotiations stall, Nebraska parties commonly use mediation or alternative dispute resolution to reach settlement. Mediation can produce better results than accepting a low “final” offer.

6. Check policy limits and coverage issues

Determine whether the insurer’s payment reflects policy limits or a coverage dispute. If the company says it already paid policy limits, you may have rights against other responsible parties or under different coverages (e.g., uninsured/underinsured motorist). If the insurer claims a coverage exclusion, ask for the exact policy language that supports the exclusion.

7. Preserve evidence and document everything

Keep records of medical treatment, bills, wage loss documentation, repair estimates, photos, police reports, and all communications with the insurer (dates, names, content). This evidence is crucial if you later pursue litigation or a regulatory complaint.

8. Consider filing a complaint with the Nebraska Department of Insurance

If you think the company acted unfairly, you can file a complaint with the Nebraska Department of Insurance (DOI). The DOI can investigate unfair claim-handling practices and offer consumer assistance. File or learn more at the DOI consumer page: https://doi.nebraska.gov/consumer-file-complaint. For general insurance rules and statutory context, see Nebraska’s insurance statutes: Neb. Rev. Stat. Title 44 — Insurance.

9. Evaluate legal remedies — consider consulting an attorney

If the insurer engaged in bad-faith tactics, refused to investigate, or unreasonably denied or undervalued your claim, you may have legal claims beyond the policy. Nebraska’s insurance laws and regulations govern insurer conduct (see Title 44). An attorney can explain whether you have a contract claim, a potential bad-faith claim, or other remedies. If you have a personal injury claim, many Nebraska attorneys handle cases on a contingency fee basis and offer free consultations.

10. Watch deadlines

Don’t miss important deadlines. If you’re considering a lawsuit, statutes of limitation and procedural deadlines apply. Ask an attorney how long you have to file a civil claim in Nebraska so you do not lose rights by waiting too long.

Why insurers say an offer is “final”

Calling an offer “final” can pressure claimants to accept quickly. It can mean the insurer believes they have paid the maximum under the policy, or it may be a negotiation strategy. You still can present new evidence, negotiate further, or file complaints or suits if the offer is insufficient.

Helpful Hints

  • Get every offer and communication in writing.
  • Do not sign a release until you fully understand its effect and consult an attorney if possible.
  • Ask for a written, itemized explanation of how the insurer calculated its offer.
  • Keep a detailed file: bills, appointment notes, photos, police reports, repair estimates, and all correspondence.
  • If treatment is ongoing, be cautious of early settlements that don’t account for future care.
  • Request an extension to accept the offer so you can review it and get advice.
  • File a consumer complaint with the Nebraska Department of Insurance if you suspect unfair handling: doi.nebraska.gov/consumer-file-complaint.
  • Consider a free or low-cost initial consultation with a Nebraska attorney experienced in insurance claims or personal injury.
  • If the insurer cites policy language you don’t understand, ask for the exact provision and a written explanation.

How to find a Nebraska attorney if you need one

Look for attorneys who handle the specific type of claim you have (auto accident, homeowners, medical, coverage dispute). Many Nebraska attorneys offer free initial consultations and work on contingency for personal injury. You can find referrals through the Nebraska State Bar Association or local lawyer referral services.

For more on state insurance laws, see Nebraska’s insurance statutes (Title 44): https://nebraskalegislature.gov/laws/statutes.php?title=44. For filing a consumer complaint: https://doi.nebraska.gov/consumer-file-complaint.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change and every case is different. For legal advice about your situation, contact a licensed Nebraska attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.