Contesting a Final Insurance Offer After an Injury — What to Do in Nebraska

Quick answer: If you disagree with the insurer’s final offer after an injury, follow a step-by-step process: review your policy and the insurer’s reasons, preserve evidence, send a clear demand, use any contract dispute procedures (appraisal/arbitration), file a consumer complaint with the Nebraska Department of Insurance, and — if necessary — file a lawsuit (breach of contract or other permitted claims). Act quickly: deadlines and procedural rules matter.

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

1. Stop, preserve evidence, and document everything

Immediately preserve all evidence: medical records, bills, photographs of injuries and property damage, vehicle repair estimates, correspondence with the insurer (emails, letters, voicemail notes), and notes about what the adjuster said. Keep an organized file of dates, times, and names. Good documentation strengthens any challenge.

2. Read your insurance policy and the insurer’s explanation

Carefully read your policy. Look for coverage limits, exclusions, and any clauses about appraisal, arbitration, or time limits for suit. Ask the insurer to provide a written explanation of how they reached the final offer and any policy provisions they relied on. If the insurer relied on a specific policy clause, note that clause and whether its application seems reasonable.

3. Send a clear written demand

If you haven’t already, prepare and send a written demand letter that summarizes:

• Your injuries and medical treatment.
• All economic losses (medical bills, lost wages, property damage) with documentation.
• Any non-economic losses (pain and suffering), with a clear dollar demand or a statement that you are open to negotiation.
• A deadline for response (commonly 14–30 days).

Sending a demand creates a clear record that you attempted to resolve the claim without litigation.

4. Use contract remedies before suing (appraisal or arbitration)

Many policies include an appraisal clause (for disputes over the amount of loss) or an arbitration clause (for broader disputes). If your policy has an appraisal procedure, you must follow it before filing certain claims in court. Check your policy and follow the steps it requires; failing to honor a contract procedure can harm later litigation.

5. File a complaint with the Nebraska Department of Insurance

The Nebraska Department of Insurance (DOI) accepts consumer complaints about insurers’ handling of claims. The DOI can investigate unfair claim practices under Nebraska insurance law and often forces insurers to produce files or correct errors. To submit a complaint and for instructions, see the DOI’s consumer complaint page: Nebraska Department of Insurance — Consumer Complaint.

6. Consider alternative dispute resolution (mediation)

Mediation can be faster and cheaper than litigation. Many courts and insurers are open to mediation. If the insurer is willing, mediation lets an impartial mediator explore settlement options without the cost of a trial.

7. When to file a lawsuit in Nebraska

If demands, appraisal/arbitration, DOI involvement, and mediation don’t resolve the dispute, you may need to sue. Common causes of action include breach of contract (first-party claims), negligence (third-party claims), and sometimes claims for unfair claim practices if conduct crosses a statutory line. Filing a lawsuit triggers formal rules (service, pleadings, discovery, and deadlines).

For civil procedure and court rules in Nebraska, see the Nebraska Judicial Branch rules: Nebraska Court Rules.

8. Statutes, deadlines, and timing

Act promptly. Deadlines include policy deadlines (notice of claim, proof of loss, appraisal timelines) and state statutes of limitations. Nebraska law contains statutes governing insurance regulation (Chapter 44) and civil procedure/time limits (Chapter 25). Review those chapters so you know applicable deadlines: Nebraska Statutes — Chapter 44 (Insurance) and Nebraska Statutes — Chapter 25 (Actions and Proceedings). If you miss a limitations period you may lose the right to sue.

9. Consider hiring an attorney

An attorney can evaluate whether the insurer’s conduct supports a breach-of-contract or other claim, handle discovery, draft pleadings, and negotiate or litigate on your behalf. Many personal-injury attorneys represent victims on a contingency-fee basis (they are paid a percentage if you recover). If you decide to hire counsel, choose someone who handles similar insurance disputes in Nebraska.

Common legal claims you might pursue

• Breach of contract — insurer refused to pay benefits owed under the policy.
• Bad faith or unfair claim practices — if the insurer’s conduct violates Nebraska’s insurance regulations; the DOI handles consumer complaints and statutory enforcement. See Chapter 44: Nebraska Statutes, Chapter 44.
• Negligence — if a third party caused your injury; you may pursue the at-fault party’s insurer through a tort claim.

What to expect in practice

Insurers often make a final offer to limit their exposure. Contesting that offer usually triggers further negotiation, an appraisal/arbitration process if in the contract, or administrative review by the DOI. If those steps fail, litigation can take months to years and involves costs and formal discovery. Many disputes settle before trial.

Helpful Hints

• Do not accept a final offer until you know current and future medical needs — some injuries have delayed costs.
• Always get settlement offers in writing and keep copies of everything.
• Ask the insurer to explain, in writing, how they calculated damages and which documents they used.
• Follow any policy-required steps (notice, proof of loss, appraisal) on time to avoid losing rights.
• File a consumer complaint with the Nebraska Department of Insurance early if the insurer refuses reasonable justification: https://doi.nebraska.gov/consumer/complaint.
• Check deadlines in Nebraska statutes and your policy; when in doubt, consult an attorney right away.
• If you hire an attorney, bring a complete chronological file of your documents to speed evaluation.

Where to look for official information

• Nebraska Department of Insurance — consumer complaints and guidance: https://doi.nebraska.gov.
• Nebraska statutes on insurance: Chapter 44 — Insurance.
• Nebraska statutes on civil actions and limitations: Chapter 25 — Actions and Proceedings.
• Nebraska court rules and filing procedures: Nebraska Court Rules.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures change; consult a licensed Nebraska attorney about your specific situation.