Negotiating Counteroffers with an Insurance Adjuster in Mississippi

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When you file a claim with an insurance company in Mississippi, the insurer assigns an adjuster to evaluate damages and propose a settlement. Negotiating counteroffers helps you secure a fair outcome. Below are the key steps under Mississippi law:

1. Review the Initial Offer

After you submit your proof of loss, the adjuster issues an initial settlement offer. Examine the offer line by line. Compare covered losses to your documented damages and repair estimates. Note any discrepancies or items not covered.

2. Gather Supporting Documentation

Prepare evidence that substantiates your claim value:

• Repair estimates or contractor bids
• Photos or videos of damage
• Medical bills (for injury claims)
• Receipts for replaced property

Well-organized documentation strengthens your counteroffer.

3. Understand Unfair Settlement Practices

Mississippi law prohibits unfair claim settlement practices by insurers. For example, Miss. Code Ann. § 83-17-5 forbids lowball offers made in bad faith. Knowing these rules empowers you during negotiations.

4. Draft Your Counteroffer

In your written counteroffer, include:

• Claim number and policy details
• Summary of your documented losses
• Total amount you seek
• Deadline for response (typically 10–14 days)

Maintain a professional tone and cite your evidence.

5. Present and Discuss the Counteroffer

Send the counteroffer via certified mail or secure email to create an audit trail. Follow up with a phone call. During discussions:

• Listen to the adjuster’s rationale
• Address any new concerns promptly
• Stay calm and focused on facts

6. Negotiate in Good Faith

Both sides may exchange multiple offers. Propose reasonable compromises, such as partial repairs or depreciation adjustments. Avoid making “take-it-or-leave-it” ultimatums unless you’re prepared to escalate.

7. Escalate if Necessary

If negotiations stall, consider these options:

• Appraisal: Invoke the appraisal clause if your policy allows an independent valuation.
• Mediation: Use a neutral mediator to reach a settlement.
• Complaint: File a complaint with the Mississippi Insurance Department at www.mid.ms.gov.

8. Finalize the Agreement

Once both parties agree, request a written settlement agreement. Ensure it details payment timing and release terms. Read carefully before signing to confirm it matches your negotiated terms.

Helpful Hints

• Keep detailed notes of all communications with the adjuster.
• Obtain multiple repair estimates to support your valuation.
• Review your insurance policy’s appraisal and mediation clauses.
• Stay aware of claim deadlines under Miss. Code Ann. § 83-9-41.
• Consider consulting an attorney if you suspect bad faith.
• Use certified mail for critical correspondence to track delivery.
• Maintain professionalism; emotional reactions can weaken your position.