Detailed answer — what to do after you get a low settlement offer in West Virginia

If an insurance company offers an amount that feels unreasonably low after an accident, you have several options before and after you file a lawsuit. The process generally follows these steps: preserve evidence, prepare a clear demand, use contractual or statutory dispute tools (appraisal, mediation, or arbitration, if available), file a complaint with the West Virginia Office of the Insurance Commissioner, and, if necessary, start a civil action in court.

1. Preserve evidence and document everything

Immediately collect and preserve all evidence that supports your claim. Typical items include:

• Medical records and bills showing diagnosis, treatment, and costs.
• Photographs of injuries, property damage, and the scene.
• Police reports and witness statements.
• Pay stubs or employer statements showing lost wages.
• All communications with the insurer (letters, emails, and notes of phone calls).

2. Build a professional demand package

Before rejecting an offer, send a written demand packet to the insurer documenting your losses. Include a demand letter that:

• States the facts and the legal basis for the insurer’s liability (briefly).
• Summarizes medical treatment, bills, and total damages sought.
• Includes copies of key records (medical records, bills, repair estimates, police report).
• Sets a reasonable deadline for response.

3. Use contractual dispute-resolution steps if your policy requires them

Some policies require appraisal, mediation, or arbitration. Review the policy carefully. Appraisal can resolve only value disputes (usually property damage), while arbitration and mediation can resolve broader liability and damages disputes. If the policy has a binding arbitration clause, you may be required to use it before suing.

4. File a complaint with the West Virginia Office of the Insurance Commissioner

If the insurer delays or denies in a way you think is unfair or in bad faith, you can file a consumer complaint. The West Virginia Office of the Insurance Commissioner (OIC) accepts complaints about claim handling and can investigate insurer practices. More information and the online complaint form are at the OIC consumer page: https://www.wvinsurance.gov/consumers/file-a-complaint.

5. Consider negotiation, mediation, or private appraisal

Many claims resolve through further negotiation. A refreshed demand package, a qualified medical examination by a neutral doctor, or private mediation often helps settle for more than the first offer. Use an attorney to negotiate if the insurer resists reasonable evidence of liability or damages.

6. Know when to file a lawsuit

If the insurer will not offer fair compensation and no contract requirement prevents it, you may file a civil action. Filing a lawsuit can compel discovery, produce stronger evidence of value and fault, and allow a jury or judge to decide damages. Starting a lawsuit also preserves your legal remedies. In West Virginia, civil procedure and timing rules are governed by Title 55 of the West Virginia Code and the state court rules; see Title 55: https://code.wvlegislature.gov/55/. Because deadlines matter, consult an attorney promptly to avoid losing rights under applicable statutes of limitations.

7. Understand possible extra claims (bad faith / unfair practices)

Some insurance conduct may give rise to statutory or common-law claims beyond the underlying personal-injury or property claim. West Virginia regulates insurer conduct under the Insurance Code (Title 33). If an insurer engages in unfair claims practices or refuses to reasonably investigate and pay a valid claim, you may have claims under the state insurance laws or related causes of action. See West Virginia’s insurance code: https://code.wvlegislature.gov/33/. The Office of the Insurance Commissioner also enforces consumer protections.

8. How an attorney helps

An attorney experienced in West Virginia personal-injury and insurance matters can:

• Evaluate policy terms (coverage, limits, and dispute clauses).
• Prepare a strong demand with legal citations and persuasive valuation.
• Negotiate or handle mediation/arbitration and, if needed, file suit and manage litigation.
• Preserve deadlines and gather evidence using formal discovery tools available in court.

9. Timelines and deadlines to watch

Do not wait. West Virginia’s civil rules set deadlines for filing claims and responding to insurer acts. For timing on civil claims generally, consult Title 55 of the West Virginia Code: https://code.wvlegislature.gov/55/. Missing a statute-of‑limitations deadline can forfeit your right to sue, so get legal advice quickly.

Helpful hints

• Keep a single organized claim file with dated copies of everything you send or receive.
• Send important documents by certified mail or another trackable method.
• Be cautious about recorded statements; you are not required to provide more than necessary. Ask an attorney first.
• Get all medical treatment you need and keep the records. Gaps in treatment can weaken your claim.
• Get multiple repair estimates for vehicle/property damage. Consider independent appraisers.
• Ask the insurer for the policy limits and any reservation-of-rights letters in writing.
• If the insurer claims a coverage defense, preserve evidence that rebuts it and consider prompt legal help.
• Use mediation or settlement conferences when available — they often increase settlement value without the costs of full litigation.
• If you suspect unfair claims handling, file a complaint with the West Virginia OIC: https://www.wvinsurance.gov/consumers/file-a-complaint.