Negotiating Counteroffers with an Adjuster: A Step-by-Step Guide
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Understand Your Claim and Gather Evidence
Begin by reviewing your policy language and documenting all damages. Collect photos, repair estimates, medical records or bills, and any police reports. Clear documentation gives you a strong starting point.
2. Submit a Complete Demand Package
Draft a demand letter that summarizes your claim, cites supporting facts, and states a specific settlement amount. Attach all evidence. A well-organized package signals that you take the process seriously.
3. Review the Adjuster’s Initial Offer
The insurer will respond with an initial offer. Compare that number to your documented losses. Note any gaps between what you requested and what they propose.
4. Craft Your Counteroffer
Prepare a written counteroffer that:
- Reiterates the precise amount of your damages
- Explains why the initial offer is insufficient
- Cites relevant evidence and policy provisions
Keep your tone firm yet professional.
5. Cite the Unfair Claims Law as Needed
If the adjuster’s offer seems unreasonably low or they delay without explanation, remind them of New Hampshire’s unfair claim settlement practices under RSA 402-J:1. That statute prohibits misrepresentations and unjustified delays. (RSA 402-J:1)
6. Engage in Constructive Dialogue
Follow up by phone or email to confirm receipt of your counteroffer. Ask the adjuster for their reasoning if they decline any portion of your demand. Keep records of all calls and agreements in writing.
7. Evaluate Subsequent Offers and Decide When to Escalate
Each time you receive a revised offer, re-examine your damages and adjust your strategy. If negotiations stall, consider involving a neutral mediator or consulting an attorney to review your options.
8. Finalize the Settlement
Once you reach an agreement, request a written settlement agreement. Review it carefully before signing. Ensure it releases only the claims you intend and that the payment timeline is clear.
Helpful Hints
- Keep all communications in writing whenever possible.
- Use numbered paragraphs in your demand letter for clarity.
- Stay courteous but firm—relationships matter in negotiations.
- Track deadlines set by your policy or state law for submitting proof of loss.
- Consider a local attorney’s review before signing any final agreement.