Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an insurance adjuster provides an initial settlement offer in Massachusetts, you are not obligated to accept it. Preparing and presenting a counteroffer can help you secure fair compensation. Under Massachusetts General Laws chapter 176D, section 3 (M.G.L. c.176D, §3), insurers owe a duty of good faith and fair dealing when handling claims. If an insurer fails to negotiate reasonably, you may have a private right of action for bad faith.
Follow these steps:
- Review all damages: Gather medical records, bills, lost wage documentation, and evidence of pain and suffering.
- Assess the initial offer: Compare it to your total damages. If the offer falls short, draft a counteroffer letter outlining your claim value and supporting evidence.
- Use objective data: Cite comparable settlements or verdicts in Massachusetts. If available, reference published reports or verdict databases.
- Set a clear deadline: Provide a reasonable deadline for the insurer to respond, typically 30 days.
- Remain professional: Keep correspondence factual and polite. Avoid emotional language.
Negotiating a counteroffer signals that you know your rights and facts. It often prompts insurers to reassess their position. If negotiations stall or the insurer acts unreasonably, consider consulting an attorney experienced in Massachusetts personal injury or property insurance claims.
Helpful Hints
- Document every communication: Keep copies of emails, letters, and notes from phone calls.
- Know policy limits: Check the insurer’s policy limits to understand the maximum available recovery.
- Consider mediation: Some claims resolve faster through mediation before or after a counteroffer.
- Beware of deadlines: File any required lawsuits before the statute of limitations expires. Most personal injury claims in Massachusetts must be filed within three years under M.G.L. c. 260, §2 (M.G.L. c.260, §2).
- Seek expert input: Adjusters rely on experts. You may need expert reports to support your valuation.