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Short answer

If an insurance company refuses to raise its final settlement offer in Louisiana, you have several options: negotiate further, use dispute-resolution procedures provided in your policy (appraisal or arbitration), file a lawsuit for the claim amount, or pursue remedies under Louisiana insurance law (including a potential penalty action if the insurer acted arbitrarily or capriciously). You may also file a complaint with the Louisiana Department of Insurance. Timing matters because legal deadlines (prescription) limit how long you have to sue.

Detailed answer — what happens next and what you can do

This section explains step-by-step what typically happens when an insurer stands by a low or “final” offer, and what legal paths exist under Louisiana law. The guidance below assumes a typical first-party claim (auto, property, or personal injury claim paid by an insurer), but many principles also apply when you are negotiating with another party’s insurer.

1. Confirm what “final offer” really means

Insurers sometimes call an offer “final” to pressure claimants. That label does not necessarily bar you from demanding more or taking other action. Review your policy for dispute-resolution clauses (appraisal, arbitration, mediation) and any deadlines for invoking them.

2. Use contractual dispute-resolution clauses if available

Many insurance policies contain an appraisal clause (common in property claims) or an arbitration provision. These procedures can force a valuation or decision without a full lawsuit. If your policy has an appraisal clause, you typically must invoke it within the time frame the policy specifies to get independent evaluators to decide the value of the loss.

3. Demand additional documentation and reopen negotiations

Before suing, send a clear written demand that documents your damages, explains your valuation, and asks for a reasonable reconsideration. Include repair estimates, medical records, receipts, photos, or other proof. This paper trail helps if you later sue or file a regulatory complaint.

4. File a complaint with the Louisiana Department of Insurance (LDI)

If you believe the insurer handled the claim poorly, you can complain to the Louisiana Department of Insurance. The Department can investigate administrative violations and sometimes prompt a re-review. See the LDI consumer pages for complaint filing information: Louisiana Department of Insurance.

5. Consider litigation for the underlying claim

If you have a legitimate claim the insurer refuses to pay, you can file a lawsuit in Louisiana state court to recover the amount you contend is owed. For most personal-injury or property-damage delictual claims, Louisiana law imposes a prescriptive period (time limit) that you must respect — do not wait too long. See the Louisiana Civil Code provisions on prescription (searchable here): La. Civ. Code art. 3492.

6. Seek statutory remedies for unreasonable insurer conduct

Louisiana law provides a remedy when an insurer has denied or delayed payment of a valid claim arbitrarily, capriciously, or without probable cause. Under Louisiana’s insurance statutes, a successful claimant may be entitled to recover penalties, attorney’s fees, and costs in addition to the claim amount if the court finds the insurer acted improperly. The relevant statute addressing insurer conduct can be found here: La. R.S. 22:1973. If you think the insurer’s conduct meets that statutory standard, discuss this remedy with counsel early.

7. Appraisal, arbitration, mediation, or trial — pros and cons

• Appraisal: Faster and limited to value disputes when your policy allows; typically binding only on value.
• Arbitration/Mediation: Can be quicker and less formal than court; outcome may be final depending on the clause and rules you agree to.
• Lawsuit/Trial: Gives full access to remedies (damages, statutory penalties, attorney’s fees) but takes more time and expense.

8. Evidence and timing are critical

Preserve all communications, estimates, receipts, photos, and medical records. File suit before any applicable prescription period runs out. If you miss the prescriptive period, you could lose the right to recover in court even if your claim is valid.

Practical examples (hypothetical)

Example 1 — Property damage: You submit a $30,000 claim after a storm; the insurer offers $10,000 and calls it final. You get a contractor estimate showing $28,500 in repairs. Options: demand reinspection, invoke appraisal if in your policy, file a complaint with the LDI, or sue for the unpaid amount before prescription runs.

Example 2 — Auto injury: You suffer injuries in a crash and your insurer offers its policy limit, but medical bills and lost wages exceed that offer and a liable third-party insurer refuses to raise its offer. Options: negotiate, consider filing suit against the at-fault driver, and explore whether any bad-faith-type relief applies based on the insurer’s conduct.

Helpful hints

• Act quickly — check prescriptive periods. For delictual claims, search La. Civ. Code art. 3492: La. Civ. Code art. 3492.
• Read your policy. Look for appraisal, arbitration, and notification deadlines.
• Document everything. Keep communications in writing and save estimates, receipts, photos, and medical records.
• File a complaint with the Louisiana Department of Insurance if you suspect unfair handling: LDI Consumer Help.
• Consider a written demand letter prepared by an attorney. A lawyer can explain whether statutory penalties (La. R.S. 22:1973) might apply to your case: La. R.S. 22:1973.
• Weigh costs and benefits: appraisal/arbitration can be faster and cheaper than a lawsuit, but may limit remedies.
• Speak with an attorney early if damages are significant or if you believe the insurer acted in bad faith.

When to consult an attorney

Talk to an attorney if:

• The insurer’s “final” offer is far below documented damages;
• You think the insurer acted in bad faith or arbitrarily;
• Complex legal issues (multiple policies, serious injury, disputes over causation or coverage) exist; or
• You need help meeting deadlines for appraisal, arbitration, or filing suit.

An attorney can evaluate whether you have a strong contractual or statutory claim, whether La. R.S. 22:1973 remedies may apply, and can represent you in administrative complaints, appraisal, arbitration, or litigation.