Detailed Answer
When an insurance adjuster makes an initial settlement proposal after a car accident, property damage or personal injury claim, that opening offer often reflects the insurer’s goal to minimize its payout. In Nevada, you can—and often should—prepare and present a counteroffer if the first number falls short of your damages. Negotiating a fair settlement helps you recover medical expenses, lost wages, repair costs and non-economic losses such as pain and suffering.
Understanding the Adjuster’s Initial Offer
Insurance adjusters assess liability and damages before recommending an offer. They rely on policy limits, reserve budgets and internal guidelines. Their opening proposal typically covers only documented expenses and a modest amount for non-economic losses.
Nevada Statutes on Good Faith and Fair Claims Handling
Under Nevada Revised Statutes (NRS) chapter 686A, insurers must handle claims in good faith. Specifically, NRS 686A.310(3)(a)(5) requires insurers to “attempt in good faith to effectuate prompt, fair and equitable settlement of claims in which liability has become reasonably clear.” You can reference the statute at NRS 686A.310. If an insurer unfairly low-balls you or delays payment, you may have grounds for a bad-faith claim.
Steps to Prepare a Counteroffer
- Document Your Losses: Gather medical bills, repair estimates, pay stubs, prescription receipts and any other proof of out-of-pocket expenses.
- Quantify Non-Economic Damages: Research comparable settlements for pain, suffering and emotional distress in Nevada. Consult public court records or speak with a legal professional.
- Calculate a Reasonable Range: Total your special (economic) and general (non-economic) damages. Add a buffer for negotiation—typically 10–20% above your minimum acceptable amount.
- Write a Clear Cover Letter: Explain the facts, cite relevant policy provisions, summarize your damage calculations and attach supporting documents.
- Set a Deadline: Ask the adjuster to respond within a specific timeframe (e.g., 14 days) to maintain momentum.
- Maintain Professional Tone: Stay factual and courteous. Avoid emotional language or threats.
When to Seek Professional Help
If the insurer refuses to negotiate fairly, you have complicated injuries, or policy limits exceed $50,000, consider consulting a Nevada personal injury attorney. A lawyer can handle negotiations, file a lawsuit if necessary and pursue damages for bad faith under NRS 686A.310.
Disclaimer: This article provides general legal information under Nevada law and does not constitute legal advice. For guidance specific to your situation, consult a licensed Nevada attorney.
Helpful Hints
- Keep a claims journal: record every call, email and settlement discussion.
- Obtain multiple repair or medical cost estimates to support your counteroffer.
- Review your insurance policy for coverage limits and exclusions.
- Use certified mail or email read receipts to confirm delivery of your counteroffer.
- Be prepared to walk away and file a lawsuit if negotiations stall.
- Consider mediation before filing suit to save time and costs.