Disclaimer: This article provides general information under Nebraska law and does not constitute legal advice.
Detailed Answer
In Nebraska, submitting a counteroffer to an insurance adjuster’s initial settlement proposal can help you secure fair compensation. Insurance companies often start with a lowball offer to minimize payout. A well-prepared counteroffer lets you demonstrate the true value of your claim and negotiate on stronger footing.
1. Analyze the Initial Offer
Review the adjuster’s proposal against your policy’s coverage limits, deductibles, and exclusions. Compare the offered amount to your documented losses—including medical expenses, lost wages, property damage, and pain and suffering.
2. Calculate Your Damages
Create an itemized list of economic losses (invoices, receipts, billing statements) and estimate non-economic damages. Use medical records, repair estimates, and expert opinions to support your valuation.
3. Gather Supporting Evidence
Compile relevant evidence such as medical reports, photographs, repair estimates, and witness statements. Organized documentation strengthens your negotiating position.
4. Draft the Counteroffer
Prepare a clear, written counteroffer that breaks down each damage category and explains your calculations. Reference Nebraska’s Unfair Insurance Trade Practices Act (Neb. Rev. Stat. § 44-1530 and § 44-1531), which prohibits unfair claim settlement practices such as lowballing or unreasonable delay.
5. Submit and Negotiate
Send your counteroffer in writing—via email or certified mail—before any deadline in your policy or under state law. Keep copies of all communications. Be ready to discuss the adjuster’s response and seek a compromise if needed.
6. Know Your Rights
Under Nebraska law, insurers must handle claims in good faith and settle promptly. If an insurer unreasonably delays or undervalues your claim, you may pursue statutory or common-law bad faith actions.
Helpful Hints
- Review your policy for reporting deadlines and documentation requirements.
- Document every expense with invoices, receipts, and medical records.
- Keep all communications in writing to maintain a clear paper trail.
- Make a realistic counteroffer based on solid evidence, not emotions.
- Obtain expert valuations for property damage or serious injuries.
- Be aware of Nebraska’s two-year statute of limitations for personal injury claims (Neb. Rev. Stat. § 25-207).
- Consider consulting a licensed attorney before signing a final release to protect your rights.