Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice for your situation, consult a licensed Indiana attorney.
Detailed Answer
Short answer: you usually have options. An insurer saying an offer is “final” does not necessarily end your right to negotiate, demand more information, file a complaint, or pursue a lawsuit — but it does create practical deadlines you should treat seriously.
Under Indiana law, insurance companies must follow rules about handling claims and communicating with claimants. The Indiana Department of Insurance (IDOI) publishes consumer guidance and enforces laws governing insurers. For a broad overview of state insurance law, see Indiana Code Title 27 (Insurance) and the IDOI consumer pages: Indiana Code – Title 27 (Insurance) and Indiana Department of Insurance.
Here are the main steps to take when an insurer tells you the offer is final.
1. Ask for the offer in writing and get the math
Request a written settlement offer and a clear explanation of how the company calculated the number. Insurers often include amounts for medical bills paid, future medical estimates, lost wages, and reductions for comparative fault. A written offer gives you a record and starts any negotiation timeline.
2. Review your policy and coverage limits
Confirm the relevant policy limits and whether the insurer is offering from an at-fault claimant’s liability policy, your own uninsured/underinsured motorist (UM/UIM) policy, or another type of coverage. If the offer is below the at-fault driver’s policy limits, you might be able to recover additional money from your own insurer under UM/UIM coverage.
3. Compare the offer to your damages
List your past and expected future medical costs, lost income, property damage, and non‑economic losses (pain and suffering). If the insurer’s offer does not reasonably cover these, you can prepare a counteroffer or a demand package showing why more is justified (medical records, bills, wage documentation, repair estimates).
4. Preserve deadlines and consider statute of limitations
Filing a lawsuit may be an option if negotiations fail. Indiana’s civil rules and statutes set time limits for bringing claims—missing those deadlines can bar a lawsuit. For general Indiana civil procedure law and limitation statutes, see Indiana Code Title 34: Indiana Code – Title 34 (Civil Law & Procedure). If you might sue, consult an attorney quickly so you do not miss filing deadlines.
5. Ask for a tolling agreement or more time
If you need time to evaluate the offer (for example, to wait for medical treatment results), ask the insurer to sign a tolling agreement that extends the period to sue while you negotiate. Insurers sometimes refuse, but it is worth asking.
6. Consider independent evaluations
Get independent medical opinions, an estimate from a mechanic or contractor, or a vocational evaluation if lost earning capacity is in dispute. These documents strengthen your negotiating position.
7. Use formal demand letters and mediation
Send a formal demand letter that summarizes injuries, damages, and the settlement amount you request. If the insurer still refuses, propose mediation or arbitration if the policy or state rules permit. Mediation often gets better results than refusing to negotiate further.
8. File a complaint with the Indiana Department of Insurance if you suspect unlawful conduct
If the insurer is misleading you, refusing to pay a valid claim, or otherwise acting in bad faith, you may file a consumer complaint with the IDOI. Complaints can prompt an administrative review: IDOI Consumer Protection.
9. Know when to hire an attorney
If your damages are significant, the insurer’s calculation appears incorrect, coverage is denied, or the insurer will not meaningfully negotiate, consult an Indiana personal injury or insurance attorney. An attorney can send a demand letter, evaluate litigation prospects, and protect your rights. Do this long before statute-of-limitations deadlines expire.
10. Recognize the practical realities
An insurer may label an offer “final” to create pressure. Legally it may not be final — you can still make a counteroffer or sue — but the insurer can and will refuse to improve the offer. If you decide to refuse, be prepared to litigate or pursue alternative dispute resolution.
Hypothetical example
Suppose you suffered a back injury in a rear-end crash. Your medical bills total $12,000 and your doctor expects another $10,000 in future treatment. The at-fault insurer offers $8,000 and calls it “final.” Steps you could take under Indiana practice:
- Request the written offer and explanation.
- Gather medical records, bills, and a doctor’s statement about future care.
- Send a demand letter asking for an amount that covers past and future care (with documentation).
- If the insurer refuses, consider mediation or consult an attorney about filing suit before the relevant Indiana statute of limitations runs.
- If you suspect the insurer acted unfairly, file a complaint with IDOI.
Helpful Hints
- Do not accept a low offer immediately. Request the offer in writing and take time to evaluate.
- Document everything: dates, names, phone calls, and what the adjuster said.
- Get medical treatment and keep treatment records—insurers use gaps in treatment to reduce value.
- Ask for a breakdown of the offer: what was paid, what was estimated, and how fault was allocated.
- Consider an independent medical exam or repair estimate to counter the insurer’s figures.
- Ask the insurer to confirm whether the offer is within policy limits and whether it includes all available coverage (including UM/UIM if applicable).
- Be mindful of filing deadlines. If you might sue, consult an attorney early.
- If you suspect unfair claims handling, file a complaint with the Indiana Department of Insurance: IDOI.
Final note: an insurer’s statement that an offer is “final” can be a negotiation tactic, not a legal endpoint. Evaluate the offer with good documentation, know your deadlines, and speak with an Indiana attorney when the stakes are significant or when the insurer won’t negotiate in good faith.