Ohio — What Happens If an Insurance Company Refuses to Increase Its Final Offer?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

When an Insurer Refuses to Increase Its Final Offer: Your Options Under Ohio Law

FAQ — clear steps to take if you disagree with an insurer’s final settlement offer

Detailed answer

When an insurance company says its last offer is final and refuses to increase it, you still have several options. The right next step depends on the type of claim (first‑party property, third‑party liability, uninsured/underinsured motorist, etc.), the language of your insurance policy, and how soon any statute of limitations runs. Below are the common paths people take in Ohio and what each path means.

1. Understand what “final offer” usually means

An insurer’s “final offer” is often a negotiation tactic. It is the company’s stated last monetary figure at that stage of the claim. It does not legally bind you to accept it, unless you sign a release or settlement agreement. Do not sign anything unless you understand the release and have preserved evidence of damages.

2. Re-check your policy for dispute processes

Many policies include contractual steps for resolving valuation or coverage disputes, such as appraisal clauses (common in property claims) or arbitration provisions. If your policy contains an appraisal or arbitration clause, invoking that procedure can force an independent valuation or a neutral decision-maker. Read the policy carefully or have an attorney review it.

3. Gather stronger evidence and re-present your claim

Before filing suit or escalating, assemble clear documentation: medical records and bills for injury claims, repair estimates, expert reports (medical, economic, or property), photos, and a chronology of all communications with the insurer. A focused, well-documented rebuttal can persuade an adjuster or a supervisor to re-open negotiation.

4. Ask for a higher-level adjuster review or demand appraisal/independent experts

Requesting a supervisor or coverage specialist review is a routine, low-cost next step. For property disputes with appraisal clauses, demand appraisal per your policy language. For valuation disputes without an appraisal clause, consider an independent contractor estimate or an expert report to strengthen your position.

5. Use alternative dispute resolution (mediation or arbitration)

Mediation can be mandatory under your policy or voluntarily requested. A neutral mediator can often bridge the gap between the insurer’s final offer and what you will accept. Arbitration may bind both sides and is faster than a jury trial in many cases, depending on the clause and agreement of the parties.

6. File a complaint with the Ohio Department of Insurance

If you suspect unfair practices—such as unreasonable delays, lack of investigation, or misrepresentations—you can file a complaint with the Ohio Department of Insurance. The Department can investigate, communicate with the insurer on your behalf, and sometimes help obtain a resolution. See the Department’s consumer complaint page: Ohio Department of Insurance — File a Complaint.

7. Preserve your right to sue — watch the statute of limitations

If negotiations fail, you may have to file a lawsuit to recover the full value of your claim. For many personal injury claims in Ohio the statute of limitations is two years from the date of the injury; for other claims different deadlines apply. For example, the general limitations period for many tort actions is set out in Ohio Revised Code § 2305.10: Ohio Rev. Code § 2305.10. Filing suit preserves your legal rights, but be sure you file before any applicable deadline.

8. Consider a bad faith or statutory claims route (limited and fact‑specific)

In rare circumstances, an insurer’s conduct may support an individual claim that the company acted unreasonably or violated Ohio law. Ohio recognizes avenues to challenge unfair settlement practices, but bringing such claims often requires strong proof that the insurer acted unreasonably, intentionally, or with reckless disregard of your rights. Remedies for improper insurer conduct can include additional contract damages and, in narrow circumstances, extra-contractual relief—however, these claims are fact-specific and can be difficult to win.

9. Hire an attorney if the monetary gap or legal issues justify it

If the insurer’s final offer is substantially below the value of your documented loss, or the case raises coverage, liability, or serious injury issues, consult a lawyer. An attorney can evaluate your claim, explain likely outcomes, preserve deadlines, and negotiate or litigate on your behalf. Many personal injury lawyers handle cases on contingency (they only get paid if you recover), which can make pursuing a larger recovery practical.

Practical timeline and decision checklist

  • Immediate: Do not sign releases. Preserve all documents and communications.
  • Within days to weeks: Ask for supervisory review, submit additional evidence, and consider mediation.
  • Before deadlines: Check applicable statutes of limitation and policy notice deadlines; file suit if needed to preserve rights.
  • Parallel action: File a complaint with the Ohio Department of Insurance if you believe the insurer violated unfair claims practices.

When you might have a strong case to refuse their final offer

Refuse the insurer’s final offer and escalate when: (1) objective proof shows higher damages; (2) an expert (doctor, appraiser) confirms greater loss; (3) the insurer misapplied policy language; or (4) the insurer unreasonably delayed or failed to properly investigate. If you cannot reasonably accept the amount and the facts support more, taking stronger action (mediation, appraisal, suit) is often warranted.

Helpful hints

  • Do not sign a full release until you are certain you have been fully compensated for past and future losses.
  • Document everything: call logs, emails, claim numbers, names, and the details of conversations.
  • Get independent estimates and expert reports to strengthen your position before re‑negotiating.
  • Ask the insurer to put the “final offer” in writing so you have a clear record.
  • Check your policy for appraisal or arbitration language and the steps you must take to invoke those procedures.
  • If you believe the insurer violated the law or acted unfairly, file a complaint with the Ohio Department of Insurance: https://insurance.ohio.gov/consumers/complaints.
  • Watch deadlines: for many injury claims, Ohio’s statute of limitations is two years. See Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10.
  • Consider a free or low-cost initial consult with a local attorney to learn whether your case justifies litigation.

Disclaimer: This article explains general legal concepts under Ohio law and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about the specific facts of your situation.

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.