Detailed Answer
When an insurance adjuster makes an initial settlement proposal, it often represents the insurer’s low-end evaluation. You can—and usually should—prepare a counteroffer. Negotiation helps you maximize your recovery. In Connecticut, insurers must investigate claims fairly and act in good faith. Under the Connecticut Unfair Insurance Practices Act (Conn. Gen. Stat. § 38a-816), an insurer may not unreasonably delay or undervalue your claim.
To craft your counteroffer:
- Gather evidence: medical records, repair estimates, receipts and wage statements.
- Create a detailed demand letter. State your factual basis, reference policy language and outline damages: economic losses and non-economic harms like pain and suffering.
- Calculate a realistic settlement figure. Start with total damages and add a small cushion for negotiation.
- Set a deadline for response. A 30- to 45-day window encourages timely review.
If the insurer rejects or ignores your counteroffer, you can file a civil action. Connecticut’s standard statute of limitations for personal injury and property damage claims is two years from the date of loss (Conn. Gen. Stat. § 52-577). Missing that deadline bars your right to sue.
By presenting a well-supported counteroffer, you demonstrate your seriousness. You also create a paper trail that can support a bad-faith claim if the insurer breaches its duty to settle in good faith.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Keep all communications in writing—email or certified mail enhances your record.
- Itemize medical bills, repair costs, and lost-wage summaries.
- Include photos, expert reports and police records when applicable.
- Avoid emotional language; focus on facts and policy terms.
- Stay mindful of your policy limits—demand within or just below those limits.
- Track every letter and call: document dates, names and summaries.
- Consider involving an attorney if you encounter lowball offers or delays.