Detailed answer — how this works under Indiana law

When an insurance company refuses to increase what it calls its “final” offer, it means the insurer is not willing to negotiate further based on the information it currently has. You still have multiple possible responses. Under Indiana law, you can pursue administrative complaints, contract remedies, alternative dispute resolution provided by your policy (like appraisal or arbitration), or file a lawsuit. The insurer’s refusal by itself does not automatically create a new legal right, but the insurer’s conduct may be subject to state rules about fair claim handling.

Key legal pathways

• Ask for reconsideration and provide new evidence. If you have additional medical records, repair estimates, expert reports, or other proof that increases your claim value, submit it with a dated cover letter asking the insurer to reopen the claim.
• Use your policy’s appraisal or arbitration clause (property and some first-party claims). Many property policies include an appraisal clause that sends the dispute to neutral appraisers. If your policy includes appraisal or binding arbitration, follow the steps in the policy to start that process.
• File a complaint with the Indiana Department of Insurance (IDOI). The IDOI enforces rules against unfair claim settlement practices. If the insurer engaged in unreasonable delay, denied coverage without a reasonable basis, or otherwise violated fairness standards, the Department can investigate. See IDOI consumer complaint information: https://www.in.gov/idoi/consumer-protection/file-a-complaint/
• Consider small claims or civil litigation. If the amount in dispute is within the court’s monetary limits, you may pursue your claim in small claims court or file a civil lawsuit for breach of contract (insurance policy). If you win, the court can enter a judgment for the amount owed. The Indiana Rules of Trial Procedure and local court rules govern how to file and pursue a lawsuit: https://www.in.gov/judiciary/rules/
• Evaluate potential extra-contractual claims. In some circumstances — such as deliberate or reckless denial or delay — insureds may pursue extra-contractual remedies (for example, claims based on unfair claim settlement practices). Indiana regulates insurer conduct in Title 27 of the Indiana Code. See the Insurance Title here: https://iga.in.gov/legislative/laws/2024/ic/titles/027 and the chapter on unfair claim settlement practices: https://iga.in.gov/legislative/laws/2024/ic/titles/027#27-4-1

What to expect if you sue

Filing suit typically starts discovery (exchanging information), may lead to mediation or settlement talks, and if unresolved goes to trial. Litigation takes time and costs money: court fees, possible expert fees, and attorney fees. Some insurance-related statutes and case law allow recovery of attorney fees in limited circumstances; consult an Indiana attorney to determine whether attorney fees or other damages are available in your situation.

When the insurer says its offer is “final”

“Final offer” is often a negotiation label, not a legal barrier. Unless the insurer and you have executed a binding release or settlement agreement, you can continue to dispute the claim. If you sign a release accepting their final offer, you generally give up the right to pursue further payment on that claim. Avoid signing releases until you understand the full consequences and until you receive all medical or repair bills related to the claim.

Practical steps you can take right now

1. Preserve all evidence. Keep photos, repair estimates, medical records, receipts, and every communication (letters, emails, adjuster notes, voicemail summaries).
2. Send a formal demand letter. Summarize your damages, attach supporting documents, state the amount you seek, and request a response by a reasonable date. Keep a copy and proof of delivery.
3. Request a supervisor review or claim re-evaluation. Ask the insurer in writing to re-evaluate the claim and identify what additional evidence would change their position.
4. Check your policy for appraisal/arbitration language. Follow the contract steps closely if those processes apply — failing to invoke them correctly can bar that remedy.
5. File a complaint with IDOI if you suspect unfair practices. IDOI can investigate patterns of bad conduct even if it can’t force a private settlement: https://www.in.gov/idoi/consumer-protection/file-a-complaint/
6. Talk to an attorney. A lawyer can evaluate breach, extra-contractual claims, and litigation strategy. A consultation will clarify deadlines, likely outcomes, and costs.

Costs, timelines, and risks

Appraisal/arbitration may resolve matters faster and cheaper than a lawsuit. Litigation may recover a larger amount but involves longer timelines and higher costs. Consider your case value, strength of proof, insurer conduct, and personal tolerance for time and expense before choosing a path.

Helpful Hints

• Do not sign a release or accept a settlement until you are sure the amount fully covers your present and reasonably foreseeable future losses.
• Keep a written log of phone calls (who you spoke to, date, time, what was said).
• If you have a deadline in your policy (notice requirement, suit limitation), act before the deadline to preserve your rights.
• Use the IDOI complaint process for administrative review; it can prompt more careful insurer review even if it does not guarantee payment.
• For property claims, consider getting multiple repair estimates and an independent public adjuster (if costs justify it).
• Ask any attorney you contact about fee arrangements (contingency, flat, hourly) and whether they advance costs.