FastCounsel

Detailed Answer

When an insurer says its offer is final, do not feel pressured to accept immediately. In Montana you have paths to challenge, document, and escalate a claim. Follow these steps to protect your rights and preserve options for negotiation or litigation.

1. Get the offer in writing and ask for the insurer’s reasoning

Ask the company to send the full settlement offer and any supporting analysis in writing. Request an itemized breakdown of how they calculated the payment, all reports they relied on, and the scope of any releases they expect you to sign. A written record helps you and any lawyer evaluate the offer.

2. Review your policy and the release carefully

Read the insurance policy language for coverage limits, deadlines, appraisal/arbitration clauses, and required releases. Watch for broad releases that give up future claims. If the release or the policy language is confusing, save it and get legal help before signing.

3. Verify damages and gather evidence

Collect medical records, medical-billing statements, wage-loss proof, repair estimates, photos, and witness statements. Create a clear chronology of treatment, expenses, and recovery. If you have long-term or permanent effects, document those now — insurers often undervalue such injuries in early offers.

4. Evaluate whether the offer is reasonable

Compare the insurer’s number to the total of your documented economic losses (medical bills, lost income, property damage) plus a realistic assessment of non‑economic damages (pain and suffering). If liability is disputed or if the offer is far below documented losses, the offer may not be reasonable.

5. Consider a counteroffer with supporting documentation

Send a concise written counteroffer that attaches the evidence supporting your valuation. Highlight unpaid bills, follow-up treatment plans, and any evidence showing greater liability. Keep your tone professional and stick to facts.

6. Ask about other dispute-resolution options in the policy

Many policies include appraisal clauses for property damage or arbitration clauses for disputes. If the policy allows appraisal or mediation, those processes can yield a different result than a single insurer offer. If the insurer refuses a policy-allowed process, that refusal can be important if you later pursue a claim.

7. Understand potential bad-faith or unfair-practices claims

Montana law prohibits unfair or deceptive insurance practices and imposes duties of good faith when insurers investigate and settle claims. If an insurer unreasonably delays, denies, or undervalues a claim without a legitimate basis, you may have grounds to complain to the Montana Commissioner of Securities and Insurance or to pursue legal action. For general Montana statutory material on insurance regulation and unfair practices, see the Montana Code and the state insurance regulator: Montana Code Annotated (searchable) and Montana Commissioner of Securities and Insurance.

8. File a complaint with the state regulator

If you suspect unfair treatment, you can file a consumer complaint with Montana’s insurance regulator. The regulator can investigate practices and may help obtain documents or explain applicable rules. Save copies of all correspondence when you do this.

9. Preserve your right to sue—watch deadlines

Do not sign a release until you are sure the settlement fully compensates you. If you reject the offer and plan litigation, be mindful of Montana filing deadlines (statutes of limitation). If you think litigation may be necessary, consult an attorney early so you do not lose the right to sue.

10. Talk to a Montana attorney if the offer is low, liability is disputed, or injuries are serious

An attorney who handles insurance claims can evaluate liability, quantify damages, and negotiate or file suit. Many injury attorneys work on contingency, which can make representation manageable for people without upfront funds. An attorney can also advise whether the insurer’s conduct might support a bad-faith claim under Montana law.

Helpful Hints

• Always get the insurer’s offer and explanation in writing. Verbal “final” offers are hard to dispute later.
• Keep a claim folder: correspondence, medical records, bills, photos, and notes from phone calls (date, time, who you talked to, what was said).
• Ask for a detailed damage calculation: this shows what they considered and what they did not.
• Don’t sign a full release until you’re sure you will not need future medical care or further payments.
• If the insurer cites policy limits, check whether there are additional responsible parties or excess/umbrella coverage.
• Use a neutral mediator or an independent appraisal if the policy allows it—these processes can increase settlement value without a lawsuit.
• If you file a complaint with Montana’s insurance regulator, include copies of all key documents and a timeline of events.
• Contact an attorney promptly if the offer is far below your documented losses, if the insurer’s conduct seems unfair, or if you face a hard deadline to sue.