Detailed Answer

Short answer: If an insurance company in Nebraska refuses to increase its final offer, you have several paths: keep negotiating, use contract remedies (like an appraisal clause for property claims), file a complaint with the Nebraska Department of Insurance, or file a lawsuit (including pursuing bad-faith or unfair-claims remedies where applicable). Which path makes sense depends on the type and size of your claim, the policy language, and deadlines such as the statute of limitations.

How to analyze the situation

• Identify the type of claim: First-party (your own property or first-party benefits) vs. third-party (someone else’s liability policy) vs. personal injury. Different rules and remedies apply.
• Check your policy: Look for appraisal, arbitration, or notice requirements. Many property policies have an appraisal clause that allows an independent valuation outside of court.
• Compare offer to damages: Add up documented medical bills, wage loss, repair estimates, out-of-pocket costs, and reasonable estimates of future needs or pain and suffering. If the insurer’s “final” offer is well below documented loss, that changes your options.
• Preserve evidence and communications: Keep every letter, email, estimate, medical report, and the exact time/date of calls. Written documentation matters in negotiations, regulatory complaints, and court.

Options if the insurer refuses to increase the offer

1. Continue negotiating or present a better demand

You can submit a detailed demand package with supporting documents (medical records, repair estimates, wage statements, demand letter explaining calculations). Sometimes a clear, well-documented demand prompts a higher offer.

2. Use contract remedies (appraisal, arbitration)

If your insurance policy contains an appraisal clause (common in homeowner and property policies), you can invoke it. Appraisal uses independent appraisers and an umpire to determine value. Check your policy for the appraisal procedure and deadlines before filing a lawsuit.

3. Ask for mediation or arbitration

Some policies or dispute-resolution agreements allow mediation or binding arbitration. Mediation is voluntary but often helps reach a compromise without litigation costs.

4. File a complaint with the Nebraska Department of Insurance

If you believe the insurer broke Nebraska insurance rules or engaged in unfair claim practices, you can file a consumer complaint with the Nebraska Department of Insurance. The DOI can investigate, request documents, and sometimes facilitate resolution. For consumer resources and complaint filing, see the Nebraska Department of Insurance consumers page: https://doi.nebraska.gov/consumers.

5. Bring a lawsuit

If negotiations fail, you may sue for breach of contract (failure to pay benefits owed under the policy) or, in some cases, for bad faith or unfair claims handling. Lawsuits carry costs and risks, but they also allow discovery (forcing the insurer to produce internal documents) and potential court-ordered relief.

Be mindful of the statute of limitations. For many personal-injury and property claims in Nebraska, a relevant deadline is found in the Nebraska statutes on actions: see Neb. Rev. Stat. § 25-207 (statute of limitations for injuries to person or property): https://nebraskalegislature.gov/laws/statutes.php?chapter=25&section=207. Different claim types or contractual claims can have different deadlines, so confirm the exact limit for your case.

6. Consider a bad-faith / unfair-practices claim

Nebraska has statutory and regulatory protections intended to prevent unfair claims practices by insurers. Chapter 44 of the Nebraska Revised Statutes governs insurance generally; the Department of Insurance enforces consumer protections: https://nebraskalegislature.gov/laws/statutes.php?chapter=44. If an insurer unreasonably denies, delays, or undervalues a claim, an attorney can evaluate whether a bad-faith or unfair-claims action is viable. These claims require proof of the insurer’s unreasonable conduct and often benefit from counsel experienced in insurance litigation.

Practical steps to take immediately

1. Do not sign a release without reading it carefully. Releases can give up future claims.
2. Get all offers and communications in writing. If an adjuster calls, follow up with a confirming email or letter.
3. Get independent estimates or medical opinions to establish your damages.
4. Check your policy for appraisal, notice requirements, and deadlines.
5. If the claim involves serious injury, large damages, or clear undervaluing by the insurer, consult a Nebraska-licensed attorney promptly.
6. If you suspect unfair treatment, file a complaint with the Nebraska Department of Insurance: https://doi.nebraska.gov/consumers.

Costs, timelines, and what to expect

Litigation or arbitration involves fees, time, and risk. Courts allow discovery that may expose the insurer’s files and internal communications—sometimes that evidence leads to a better settlement. Mediation or appraisal can be faster and less expensive. An attorney can estimate likely costs, the expected timeline, and potential recovery in your situation.

When to hire an attorney

Consider hiring an attorney if:

• Your documented damages exceed the insurer’s offer by a large margin;
• The insurer refuses to justify its valuation with evidence;
• You believe the company violated policy terms, law, or acted in bad faith;
• Important deadlines (policy notice requirements or statute of limitations) are approaching.

Useful Nebraska resources

• Nebraska Department of Insurance (consumer help and complaints): https://doi.nebraska.gov/consumers
• Nebraska Revised Statutes — Insurance chapter: https://nebraskalegislature.gov/laws/statutes.php?chapter=44
• Nebraska Revised Statutes — statute of limitations example for injury/property: https://nebraskalegislature.gov/laws/statutes.php?chapter=25&section=207

Disclaimer

This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nebraska attorney.