What to do if an insurance company refuses to increase its final offer
State: Missouri
Detailed Answer — Your options under Missouri law
Short answer: If an insurer in Missouri refuses to increase what it calls a final offer, you still have options. You can keep negotiating, use contract remedies such as an appraisal or arbitration if your policy allows, file a complaint with the Missouri Department of Commerce and Insurance, or file a lawsuit for breach of contract (and in some cases for unfair claim practices or bad faith). Which path is best depends on the type of claim (property, auto, bodily injury, uninsured/underinsured motorist, etc.), the language of your policy, the dollar value of the dispute, and timing constraints.
1. Confirm whether the insurer’s “final offer” is actually final
Insurance companies sometimes call an offer “final” as a negotiation tactic. Before giving up:
- Check your policy for appraisal, mediation, or arbitration clauses. These clauses may require or allow an independent valuation process that can bind the parties.
- Look at the insurer’s written offer and any attached claims file documentation. Ask for the basis of valuation—estimates, repairs, medical records, wage-loss calculations, and how they calculated depreciation or comparative fault.
2. Use contract remedies if your policy provides them
Many property and some auto policies include an appraisal clause for disputed dollar amounts. Appraisal lets each side choose an appraiser and, if those appraisers disagree, an umpire settles the value. If your policy has that clause, invoking appraisal is often faster and cheaper than litigation. Read your policy carefully for appraisal or alternative dispute resolution language and deadlines.
3. Consider administrative complaint to Missouri Department of Commerce & Insurance
You can file a complaint with Missouri’s insurance regulator about claim handling or unfair settlement practices. The Department can investigate carrier practices and sometimes obtain corrective action. This doesn’t replace your right to sue, but it can pressure the insurer and document the claim handling history. For consumer information and to file a complaint, see the Missouri Department of Commerce and Insurance: https://insurance.mo.gov/.
4. Bring a lawsuit — breach of contract and other claims
If an insurer refuses a reasonable settlement and you have documentation showing the insurer’s position is unsupported or deliberately unreasonable, you may sue. Common claims include:
- Breach of insurance contract — to recover the policy benefits that you claim.
- Unfair claim settlement practices — regulatory violations under Missouri insurance law and rules (Chapter 375 covers insurance regulation).
- Bad faith — Missouri recognizes actions arising from unreasonable refusal to settle in some contexts, but courts apply specific legal standards. Whether you can recover extra damages (like punitive damages or attorney fees) depends on facts and Missouri law.
Filing suit has costs and deadlines. Missouri’s civil limitation periods are in the Revised Statutes (Chapter 516). You should confirm any deadline that could bar a claim and act early to preserve rights. For the text of Missouri insurance law and related statutory chapters, see the Missouri Revised Statutes, Chapter 375: https://revisor.mo.gov/main/OneChapter.aspx?chapter=375, and limitations under Chapter 516: https://revisor.mo.gov/main/OneChapter.aspx?chapter=516.
5. Small claims or court selection
If the disputed amount is relatively small, you may be able to file in the appropriate Missouri small-claims or associate circuit court for a faster, lower-cost resolution. For larger claims, circuit court is the usual forum. Check local court rules and filing thresholds at the Missouri judiciary website: https://www.courts.mo.gov.
6. Weigh costs, evidence, and likelihood of success
Deciding whether to escalate depends on these practical factors:
- Amount in dispute vs. attorney fees and court costs.
- Strength of your proof (estimates, receipts, medical records, photos, witness statements).
- Whether market-standard repair estimates or medical opinions support a higher valuation.
- Contract provisions that require appraisal or arbitration.
7. Hire an attorney when appropriate
An attorney experienced in insurance claims can:
- Explain whether appraisal or litigation is appropriate.
- Draft a persuasive demand letter outlining legal exposure and deadlines.
- Manage discovery, evidence preservation, and courtroom advocacy if suit is needed.
Regulatory and consumer resources:
- Missouri Department of Commerce and Insurance: https://insurance.mo.gov/
- Missouri Revised Statutes (Insurance chapter): https://revisor.mo.gov/main/OneChapter.aspx?chapter=375
- Missouri Revised Statutes (Limitations chapter): https://revisor.mo.gov/main/OneChapter.aspx?chapter=516
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Missouri attorney.
Helpful Hints
- Keep a clear paper and electronic file of everything: estimates, photos, invoices, emails, letters, and timelines of phone calls.
- Send a written demand letter before suing. State the amount you seek, the legal basis, and a reasonable deadline for response.
- Check your policy for appraisal, arbitration, and legal notice requirements before filing suit.
- If you suspect bad faith or unfair practices, file a complaint with the Missouri Department of Commerce & Insurance and keep a record of your complaint number.
- Act early to preserve evidence and to stay within Missouri’s statute of limitations; don’t rely solely on an insurer’s statement that its offer is final.
- Get at least one independent estimate or expert opinion (repair shop estimate, contractor, medical provider) to support your position.
- If the dispute is small, consider small-claims or associate circuit court to avoid higher litigation costs.
- Before signing any release or settlement, have an attorney review it to ensure you are not giving up other claims unintentionally.