What to Do When an Insurer’s Offer Is Too Low: Practical Steps for Ohio Claimants

Disclaimer: This article provides general information about Ohio law and how the claims process typically works. It is not legal advice. Consult a licensed Ohio attorney to review your specific situation.

Detailed answer — step-by-step process under Ohio law

After an accident, it’s common for an insurance company to make an initial settlement offer that feels too low. You can respond, negotiate, and — if needed — escalate the dispute. Below are clear, practical steps Ohio claimants typically follow to challenge a low offer and protect their rights.

1. Preserve evidence immediately

• Keep medical records, bills, repair estimates, photos of injuries/vehicle/property, police reports, witness contact information, and any communication with the insurer (emails, letters, voicemail notes).
• Document lost wages with pay stubs or an employer letter. Record how injuries affect daily life (a short journal or written summary).

2. Review your policy and the insurer’s offer carefully

• Find your declarations page and policy language for coverages, limits, exclusions, and any appraisal or arbitration clauses. Those clauses can control dispute resolution methods.
• Check whether the insurer’s offer is a structured settlement or a lump-sum and whether it requires signing a release that closes future claims.

3. Build a clear demand package

Prepare a concise demand that explains the basis for a higher payment. A typical demand package contains:

• A cover letter or formal demand stating the total amount you seek and how it’s calculated (medical expenses, future medical care, property damage, lost wages, pain and suffering).
• Copies of medical records, itemized medical bills, repair estimates, the police report, and documentation of lost income.
• Photographs and statements from witnesses, if available.

4. Send the demand and start negotiations

• Send your demand to the insurer (certified mail or another trackable method). Ask for written confirmation of receipt.
• Insurers often respond with a counteroffer. Be prepared to explain and justify each component of your demand. Stay professional and factual.

5. Use administrative options: appraisal or internal appeal

• If your policy contains an appraisal clause (common in property damage or first-party claims), you may be entitled to an appraisal process that brings in independent appraisers and an umpire to set value. Follow the policy’s required steps and timelines.
• Ask the insurer for its internal appeal or claim-review procedure and complete it before escalating elsewhere if you want that record.

6. File a complaint with the Ohio Department of Insurance

If the insurer’s conduct seems unfair (delays, unexplained denials, failure to investigate), you can file a consumer complaint with the Ohio Department of Insurance. The Department can investigate claim-handling practices and sometimes facilitate resolution. More information and the complaint form are at the Ohio Department of Insurance consumer complaints page: https://insurance.ohio.gov/consumer/complaints/Pages/default.aspx.

7. Consider mediation or arbitration

Mediation is a voluntary neutral process that can produce a settlement without a lawsuit. Some policies or contracts require arbitration. Read your policy to learn whether binding arbitration applies; arbitration outcomes are often final and harder to appeal than court judgments.

8. File a lawsuit if negotiations fail — watch the deadline

If you cannot reach a fair settlement, filing a civil lawsuit may be necessary. For typical injury claims in Ohio, you must file within the statute of limitations. Personal injury actions generally must be filed within two years; see Ohio Revised Code § 2305.10 for the statutory deadline: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Missing the deadline can bar your claim.

9. Evaluate claims against the insurer (bad faith or statutory violations)

In some cases, an insurer’s unreasonable denial or delay could support a separate claim (for example, an action under state unfair-claims laws or extra-contractual damages). These issues are fact-specific and governed by Ohio law and case law, so speak with an attorney before pursuing such claims.

10. Hire a qualified Ohio attorney when warranted

• Consider an attorney if the insurer won’t pay fair value, if injuries are serious, if future care is likely, or if the insurer’s conduct seems unfair or deceptive.
• An attorney can calculate damages, draft persuasive demands, handle negotiations, advise on appraisal/arbitration, file suit before the statute of limitations expires, and represent you in court or mediation.

What to expect in practice

Expect negotiation to take weeks to months. Insurers often start with a low offer to test resolve. Your objective is to present a well-documented monetary demand and a credible readiness to litigate if necessary. Keep communication records and avoid signing any release until you are satisfied the offer fairly compensates you.

Helpful hints

• Do not sign a full release for a low lump-sum offer if your injuries might require future treatment.
• Get written estimates and independent medical evaluations when possible to support your claim value.
• Use certified mail or tracked email for important communications so you have proof of delivery.
• Ask for a written explanation for any denial or low offer and note any inconsistent insurer statements—these can matter later.
• If you have uninsured/underinsured motorist coverage or first-party coverage, check your policy’s special rules (some policies contain appraisal or arbitration clauses).
• Timeliness matters: start building your demand package and preserving evidence right away.
• Filing a complaint with the Ohio Department of Insurance does not replace the right to sue; it is a parallel administrative option that can sometimes lead to resolution.
• Consult an Ohio attorney before accepting a structured settlement or signing language that limits future claims.

If you want, provide a short summary of your accident facts (how it happened, injuries, current offers, policy limits) and whether you have medical records; that will help an Ohio lawyer assess next steps and whether mediation, appraisal, or a lawsuit is the best move.