Maine: Options When an Insurance Company Refuses to Increase Its Final Offer

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Options When an Insurer Won’t Raise Its Final Settlement Offer Under Maine Law

Disclaimer: This article provides general information about Maine insurance-claim options. It is not legal advice. Consult a licensed Maine attorney about your specific situation.

Detailed answer — what you can do next

If an insurance company refuses to increase what it calls its final offer, you have several practical and legal options in Maine. Which paths make sense depends on the type of claim (e.g., first-party property, auto/property damage, bodily injury, uninsured motorist), the facts, the policy language, and any deadlines or dispute-resolution clauses in the policy.

1) Re-check the policy and coverage rules

Start by reviewing your insurance policy. Look for:

  • Any appraisal or arbitration clause that sets a formal process for resolving disputes.
  • Claim notice and proof-of-loss requirements.
  • Any limits, deductibles, or exclusions that affect the amount payable.

2) Use formal dispute procedures in the policy (appraisal or arbitration)

Many property policies include an appraisal clause: if you and the insurer disagree on the value of loss, either party can demand appraisal. Appraisal is not the same as a court lawsuit but is a formal valuation process that can yield a binding or persuasive result. If your policy has an arbitration clause, that process may be mandatory before you file suit.

3) Send a clear, written demand and supporting proof

Before suing, send a demand letter that documents the loss, the legal basis for the amount you seek, and the supporting evidence (receipts, repair estimates, medical records, expert reports). Point out any policy provisions the insurer overlooked. A carefully drafted demand can prompt a reassessment or create a strong record if you later sue.

4) File a complaint with the Maine Bureau of Insurance

If you believe the insurer acted unfairly, you can file a consumer complaint with the Maine Bureau of Insurance (part of the Department of Professional and Financial Regulation). The Bureau can investigate claim handling, explain your rights, and may mediate with the company. For general information and how to file, see the Maine Bureau of Insurance consumer pages: https://www.maine.gov/pfr/insurance/.

5) Consider litigation — file a civil lawsuit

If negotiation, appraisal, and regulatory complaints do not resolve the dispute, you may file suit in Maine state court. A lawsuit can assert contract claims (policy breach) and, in some circumstances, statutory or common-law claims against the insurer. Litigation forces formal discovery and can lead to a court judgment or settlement.

Before filing suit, check any applicable limitation periods and procedural rules that govern how and where to file. For general access to Maine statutes, see: https://legislature.maine.gov/.

6) Bad-faith and statutory claims

Maine law regulates insurers and proscribes certain unfair claim practices. If an insurer denies or lowballs a valid claim without a reasonable basis or fails to investigate properly, you may have a bad-faith or statutory claim. These claims are fact-specific and often require an attorney to evaluate whether the insurer’s conduct crosses the legal line.

7) Use alternative dispute resolution (ADR)

Mediation and private arbitration provide faster, often less costly forums than full litigation. If the insurer is willing, mediation can produce a settlement that is higher than the insurer’s last written offer.

8) Get legal help early

An experienced Maine attorney can:

  • Evaluate the insurer’s offer compared with likely recoverable damages.
  • Draft persuasive demand letters and preserve your legal claims.
  • Advise on appraisal, arbitration, or litigation strategies.
  • Help you file a complaint with the Bureau of Insurance or file suit if appropriate.

To find counsel, you can use the Maine State Bar resources listed at https://www.mainebar.org/.

Hypothetical illustration

Suppose a Maine homeowner receives a $4,000 final offer for storm damage when repair estimates show $12,000 in damage. The homeowner reviews the policy, finds an appraisal clause, and demands appraisal. The insurer still refuses to budge. The homeowner then files a complaint with the Bureau of Insurance and consults a Maine property-damage attorney. The attorney starts appraisal and, if appraisal does not resolve the dispute, prepares a breach-of-contract lawsuit while the homeowner continues the regulatory complaint. This combination creates leverage that often prompts reasonable settlement.

Helpful hints — practical steps to protect your recovery

  • Document everything: keep emails, letters, estimates, photos, receipts, and medical records.
  • Act promptly: noting and meeting notice requirements preserves your claim; check deadlines that apply to your claim type.
  • Request your full claim file from the insurer in writing; the file can reveal the insurer’s reasoning and evidence.
  • Consider independent estimates and expert reports to strengthen your position.
  • Use appraisal or arbitration if the policy permits; these routes can be faster and cheaper than court.
  • File a complaint with the Maine Bureau of Insurance if you suspect unfair claim handling: https://www.maine.gov/pfr/insurance/.
  • Talk to a Maine attorney before accepting a “final” offer—an attorney can compare the offer to what you could recover by suing.
  • Be realistic about cost vs. recovery: small-dollar disputes might be better handled through appraisal, small claims court, or settlement than a full lawsuit.

For general information about Maine insurance laws and regulations, see the Maine Legislature and the Bureau of Insurance sites: https://legislature.maine.gov/ and https://www.maine.gov/pfr/insurance/.

Final note: This overview is informational only and not a substitute for legal advice. If you face a denied or low settlement offer in Maine, speak with a licensed Maine attorney about your rights, deadlines, and the best next steps.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.