What to do if an insurance company says their offer is final
Short answer: Treat a carrier’s “final” offer as a negotiation posture, not a legal limit. Do not sign or accept anything until you understand what the offer covers, whether it truly resolves all claims, and how long you have to take other action. Consider documenting everything, getting a written offer, checking deadlines (including the statute of limitations), and speaking with an attorney or contacting Oregon’s insurance consumer office before you accept.
Detailed answer — step by step
Insurance adjusters sometimes call an amount “final” to encourage quick acceptance. Under Oregon law, you still have options. The right response depends on the type of claim (auto crash, property damage, medical bills, etc.), whether the insurer demands a release, and how urgent your situation is.
1. Get the offer in writing and read it carefully
Ask the insurer to provide the full offer in writing. A written offer should state:
- the dollar amount;
- what claims are covered (for example, current medical bills only vs. all present and future claims);
- whether a signed release is required and the exact language of that release;
- any deadlines to accept; and
- whether the offer is subject to approval by someone else (supervisor, insurer’s attorney).
2. Don’t rush to sign a release
Many “final” offers require you to sign a release that closes out all claims. A full release can bar you from seeking additional money for future medical care, lost wages, or other damages you didn’t foresee. If the release is broad, consider negotiating narrower language (for example, limiting the release to current medical bills or to known claims).
3. Check time limits that affect your options
Statutes of limitations and policy notice deadlines can limit your ability to file a lawsuit or reopen a claim. For an overview of Oregon law that governs insurance and claims handling, see Oregon’s insurance statutes at the Oregon Legislature website: ORS Chapter 746 (Insurance). For state statute of limitations rules that might affect civil claims, see: ORS Chapter 12 (Actions and Limitations). If a limitation or deadline is approaching, get advice promptly.
4. Preserve evidence and document communications
Keep all records that support your claim: photos, medical records, repair estimates, bills, receipts, and written communications with the insurer. Write down dates, times, and summaries of phone calls. Written documentation strengthens your position if you later need to dispute the handling of the claim.
5. Consider making a counter-offer or asking for justification
If the offer is too low, ask the insurer to explain how they calculated it. Provide additional documents that show your losses. You can present a counter-offer in writing and set a reasonable deadline for response. Many settlements are reached by continuing the negotiation rather than accepting a first “final” number.
6. Explore alternative dispute options
Some policies or disputes are resolved through mediation, appraisal, or arbitration. Check your policy for dispute provisions. Mediation and appraisal can help you resolve value disputes without full litigation.
7. Watch for bad-faith or unfair claim practices
Oregon law prohibits certain unfair claims practices by insurers. If an insurer unreasonably delays payment, refuses to investigate, misrepresents policy language, or engages in other unfair tactics, you may have a complaint under Oregon’s insurance statutes. See ORS Chapter 746 for the state’s insurance laws and administrative rules governing insurer conduct. You can also file a complaint with Oregon’s consumer insurance regulator (Division of Financial Regulation) if you believe the insurer handled your claim improperly. Division contact and complaint guidance are available here: Oregon Division of Financial Regulation — File a Complaint.
8. Talk to an attorney before accepting a release
If the offer requires a release that resolves all present and future claims, or if you have substantial medical bills or serious injuries, consult a lawyer. An attorney can evaluate the value of future expenses, negotiate stronger terms, and explain your rights. If you have limited funds, many personal-injury attorneys offer free consultations and work on contingency (they collect a fee only if you recover money).
9. If you’re unsure, pause and seek help
Don’t sign or cash a settlement check if you have doubts. Cashing a check can sometimes be treated as acceptance of the settlement or an agreement to the release’s terms. Ask for time to review the written offer and consult an adviser.
Illustrative hypothetical
Imagine you were in a low-speed rear-end crash. The insurer offers $2,500 and says the offer is “final.” You have x-rays showing a lumbar strain and two weeks of lost work. Steps you could take:
- Request the offer and any release language in writing.
- Ask how they calculated the $2,500 and submit your medical bills and wage statements.
- Consider asking for a higher amount or a limited release covering only current medical bills.
- If the insurer insists the offer is final and you still have unresolved expenses or ongoing treatment, consult an attorney or contact the Oregon Division of Financial Regulation before signing.
Helpful hints
- Always get offers and communications in writing.
- Never feel pressured to accept on the spot; you can ask for time to review.
- Read any release carefully — even short releases can be broad.
- Keep a written log of phone calls (date, time, who you spoke with, summary of what was said).
- Ask the insurer for a breakdown of how they computed the offer (medical, lost wages, property damage, adjustments).
- Check your policy for deadlines, appraisal, or arbitration clauses that may affect next steps.
- If you suspect bad faith, document delays or misrepresentations and consider filing a complaint with the Division of Financial Regulation: dfr.oregon.gov.
- Speak with an attorney if you have ongoing injuries, high medical bills, or unclear liability. A short consultation can clarify whether the offer is reasonable.
Where to find more information
- Oregon statutes on insurance: ORS Chapter 746
- Oregon statutes on civil actions and limitations: ORS Chapter 12
- Oregon Division of Financial Regulation — consumer help and complaints: File a complaint
Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is different. For advice about your specific case in Oregon, consult a licensed Oregon attorney or contact Oregon’s Division of Financial Regulation.