Detailed answer — step-by-step process under Missouri law

If an insurance company has made a “final” settlement offer after you were injured and you believe the offer is too low, you have multiple ways to challenge it. Below is a practical, step-by-step process commonly used in Missouri. Each step explains what to do, why it matters, and what to expect next.

1. Take a careful, objective look at the offer

Before anything else, compare the insurer’s offer to your real damages. Damages commonly include: medical bills, expected future medical care, lost wages, reduced earning capacity, pain and suffering, and other out-of-pocket costs. Gather the bills, medical records, wage statements, and receipts. If the insurer’s offer doesn’t cover documented bills, that’s a strong basis to reject it and push for more.

2. Preserve and organize all evidence

Put together a concise claim packet: accident reports, photos, medical records, itemized medical bills, wage statements, a short chronology of events, and written statements from witnesses if available. Well-organized evidence makes it easier to show the gap between the offer and your actual losses.

3. Send a written demand or counteroffer (demand letter)

Draft a firm, factual demand letter. Include:

• A clear statement that you reject the insurer’s final offer;
• A factual summary of the incident and injuries;
• Itemized economic damages (medical bills, lost wages) with copies of supporting documents;
• A reasonable calculation of non-economic damages (pain and suffering) or a specific monetary demand;
• A deadline for response (commonly 10–30 days); and
• A statement that you are prepared to file suit if necessary.

Sending a written demand creates an official record of your position and may prompt another negotiation or a better offer.

4. Consider alternative dispute resolution (mediation or appraisal)

If negotiations stall, mediation often helps. Mediation is a neutral, structured negotiation with a mediator who helps both sides reach a settlement. Many courts encourage or require mediation before trial. If your claim involves a policy appraisal clause (more common in property/first-party claims), appraisal is another contract-based method to resolve value disputes — the policy language controls how appraisal works.

5. Evaluate filing a lawsuit — and where to file

If you cannot resolve the dispute through negotiation or mediation, you can file a civil suit. In Missouri, personal injury actions are typically filed in circuit court in the county where the injury occurred or where a defendant resides. Filing a lawsuit starts formal discovery (documents, depositions) and preserves your legal rights if deadlines apply. To find a court or learn local filing procedures, see the Missouri Courts website and local circuit court rules.

Tip: If the disputed amount is relatively small, small claims or associate division procedures might apply; check the local court rules and dollar limits for your county.

6. Use discovery to build your case

Once a suit is filed, you can obtain the insurer’s file, take depositions, and request medical and wage records. Discovery helps you prove liability and damages and often encourages a fair settlement before trial.

7. Consider a bad-faith or unfair-claims complaint (if applicable)

Missouri law regulates insurer conduct and prohibits certain unfair claim practices. If an insurer unreasonably refuses to pay a valid claim, delays without a reasonable basis, or misrepresents policy provisions, you may have extra-contractual remedies. You can also file a consumer complaint with the Missouri Department of Commerce & Insurance if you believe the insurer acted improperly:

File a complaint with the Missouri Department of Insurance.

8. Trial or settlement — most cases settle before trial

After discovery, many cases resolve through settlement. If not, the case goes to trial where a judge or jury decides liability and damages. Trials take time and carry risk; weigh the insurer’s latest offer against the time, cost, and uncertainty of litigation.

Timing and deadlines — why prompt action matters

Missouri has limitations and procedural rules that can bar claims if you wait too long. Check Missouri’s statutes about limitation periods and file promptly. For an overview of Missouri statutes of limitations, see Chapter 516 of the Missouri Revised Statutes:

Missouri Revised Statutes — Chapter 516 (Statute of Limitations)

Deadlines vary by claim type, so consult an attorney as soon as possible to protect your rights.

When to hire an attorney

Talk to a Missouri personal injury attorney if any of the following are true:

• The insurer’s offer doesn’t cover medical expenses or lost wages;
• Your injuries are significant or likely to require future care;
• Liability is disputed or complex;
• You want help calculating non-economic damages (pain and suffering, future loss of earning capacity); or
• You suspect bad-faith handling of your claim.

Many personal injury attorneys offer free initial consultations and work on contingency (they get paid only if you recover money).

Key documents and evidence to have ready

• Accident report (police report, incident report)
• All medical records and itemized medical bills
• Pay stubs or employer documentation showing lost wages
• Photos or video of the accident scene and injuries
• Witness contact information and written statements
• Copies of correspondence with the insurer (including the insurer’s “final” offer)
• Any prior settlement offers and demand letters

Helpful Hints

• Respond in writing: Always respond to an insurer’s final offer in writing if you reject it. Written records matter in later negotiations and litigation.
• Don’t accept the first “final” offer without verification: An insurer may call an offer “final” to pressure you. Insurers can and often do revise offers after additional documentation or pressure from counsel.
• Keep medical care active: Don’t stop treatment because an offer arrived. Stopping care can weaken your claim for future damages and may be used against you.
• Use a time-limited demand: Giving a specific, reasonable deadline for response helps move the claim forward.
• Get a second opinion about future care costs: Use medical specialists or life-care planners to estimate future treatment and costs, especially for severe injuries.
• Consider specialized counsel: If the case involves complex issues (catastrophic injury, long-term disability, bad faith), consider attorneys who regularly handle those matters in Missouri.
• File a complaint with the Missouri Department of Insurance for unfair practices: This won’t replace a lawsuit, but it can trigger regulatory scrutiny and sometimes pressure an insurer to act properly. See: insurance.mo.gov consumer complaints.
• Act promptly: Statutes of limitations and procedural rules can bar claims. For information on time limits in Missouri, review Chapter 516 of the Missouri Revised Statutes: revisor.mo.gov — Chapter 516.