Detailed Answer
Negotiating counteroffers with an insurance adjuster in Maryland involves a clear process to maximize your chance of a fair settlement. Below are the core steps you should follow:
- Review Your Policy and Claim Documents
Begin by carefully reading your insurance policy. Confirm coverage limits, deductibles, and exclusions. Keep all claim-related documents—police reports, photographs of damage, medical records, and repair estimates—organized for quick reference. - Calculate Your Total Loss or Damages
Prepare a detailed, itemized demand. For property damage, obtain multiple repair or replacement estimates. For bodily injury, tally medical bills, lost wages, and any ongoing care costs. Include non-economic damages like pain and suffering if applicable. - Submit an Initial Demand Letter
Draft a concise demand letter addressed to the adjuster. State your total claimed amount, attach supporting documentation, and cite any relevant policy language. Send via certified mail to establish a record of delivery. - Review the Adjuster’s Counteroffer
Once the adjuster responds, compare their counteroffer line by line against your demand. Identify differences in valuation, depreciation, or coverage interpretation. Note any offers that fall short of your documented expenses. - Prepare Your Counteroffer
Craft a response that reiterates your policy rights, clarifies areas of disagreement, and provides additional evidence where needed. Be specific: reference repair estimates or medical expert reports that support your valuation. - Leverage Statutory Protections
Under Maryland Insurance Code § 27-303, insurers must conduct a “reasonable and prompt investigation” and avoid unfair claim settlement practices. If the adjuster’s conduct or valuation seems unreasonable, politely cite this statute and request a supervisory review of your claim. Md. Ins. Code § 27-303. - Engage in Augmented Negotiations
If informal back-and-forth stalls, propose a mediation session. Mediation can be faster and less expensive than litigation. Check if your insurer’s policy or Maryland law offers a pre-suit mediation option. - Consider Formal Legal Action
If negotiations fail, you may file a lawsuit in Maryland District Court. Before doing so, confirm you meet any statute of limitations (e.g., three years for contract claims under Md. Cts. & Judicial Proc. § 5-101). A lawsuit often prompts serious settlement efforts by the insurer.
Helpful Hints
- Keep a detailed negotiation log with dates, times, and summaries of each conversation with the adjuster.
- Stay professional and courteous; hostile communications can slow the process.
- Use third-party estimates to avoid disputes over repair costs.
- Ask for a written breakdown of how the adjuster calculated their offer.
- Check whether your policy requires an appraisal clause before suing.
- In complex claims, consider hiring a public adjuster or consulting an attorney for a case evaluation.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney in Maryland.