Disclaimer: This information is for educational purposes and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Review Your Insurance Policy
Begin by reading your policy’s declarations, insuring agreements and exclusions. Identify applicable coverage limits, deductibles and any special provisions. Understanding your contract sets the foundation for negotiating effectively.
2. Gather Documentation
Collect all evidence supporting your claim. This may include photos of damage, repair estimates, medical bills, receipts and expert reports. Organize documents chronologically and create an itemized list of losses.
3. Analyze the Insurer’s Initial Offer
When the adjuster makes an offer, review it line by line. Compare each line item to your documentation. Note deductions for depreciation, salvage or policy limits. Identifying discrepancies helps you craft a targeted counteroffer.
4. Calculate a Reasonable Value
Determine a fair figure for your claim. Use reputable sources such as contractor bids, industry standard pricing guides or independent appraisals. Document how you arrived at each number to bolster your position.
5. Prepare and Submit Your Counteroffer
Draft a clear, written counteroffer. Include:
- A concise cover letter summarizing your position.
- An itemized list comparing the insurer’s figures to yours.
- Copies of supporting documents.
- References to relevant policy provisions.
Send the counteroffer via certified mail or another trackable method.
6. Provide Strong Supporting Evidence
Attach all relevant documents—repair estimates, medical records or expert opinions—to your counteroffer. Well-organized evidence reduces disputes over basic facts and demonstrates professionalism.
7. Communicate Professionally and Promptly
Maintain a courteous, business-like tone. Respond to the adjuster’s correspondence within policy deadlines. Clearly restate your points if the insurer requests clarification.
8. Negotiate in Good Faith
Be prepared to compromise on minor items while standing firm on key issues. Track all offers and counteroffers in writing. If the insurer reduces coverage without justification, refer to Maine’s unfair claim settlement practices:
Maine Rev. Stat. tit. 24-A §2435.
9. Consider Appraisal or Mediation
If negotiations stall, review your policy’s appraisal clause. Appraisal enlists neutral experts to value losses. Some policies also require mediation before litigation. See:
Maine Rev. Stat. tit. 24-A §2438.
Helpful Hints
- Keep a detailed journal of all communications, noting dates, times and summaries.
- Observe all policy deadlines for submitting documents and responding to offers.
- Use clear, concise language and bullet points to present your arguments.
- Stay calm and professional—even if negotiations become tense.
- If issues persist, consider consulting a licensed attorney experienced in Maine insurance law.