Detailed Answer
Disclaimer: This information is for informational purposes and does not constitute legal advice.
When an insurance adjuster makes an initial settlement proposal in Vermont, you are not required to accept it as is. Insurers often start with a low offer to test your willingness to negotiate. A structured counteroffer can help you secure fair compensation.
First, review your insurance policy and estimate your damages. Confirm your coverage limits and exclusions. Compile all economic losses, including medical bills, repair costs and lost wages. Factor in non-economic harms such as pain and suffering.
Next, gather supporting evidence: photos, medical records, repair invoices, police reports and witness statements. Include estimates for future care when applicable.
Then, calculate a reasonable demand. Sum your documented losses and research similar Vermont settlements. Build in a range to cover intangible damages.
Draft a clear counteroffer letter or email. Address the adjuster by name. Itemize your demand and attach evidence. Set a response deadline to encourage timely negotiation.
Under Vermont law, insurers must handle claims in good faith and avoid unfair settlement practices. See 8 V.S.A. § 4724. If an adjuster ignores your evidence or makes an unreasonably low offer, document those actions for a potential regulatory complaint.
If negotiations stall, consider mediation or consult an attorney. Remember to file a lawsuit before Vermont’s personal injury statute of limitations expires (three years from the date of injury; see 12 V.S.A. § 501), as missing this deadline can bar your claim.
Helpful Hints
- Keep detailed notes of all communications with the insurer.
- Use polite, professional language in every letter and email.
- Request written explanations for any low offers or denials.
- Base your demand on documented losses and comparable Vermont cases.
- Set realistic expectations by reviewing your policy limits.
- Track deadlines for claims, appeals and potential lawsuits.
- Consider a mediator if direct negotiations stall.