Detailed Answer — What to do when the insurer’s final offer isn’t enough

If you were injured and the insurance company has made a so‑called “final” settlement offer that you believe is too low, you have several options under North Dakota practice. This article explains those options step by step, the practical actions to take, where to get help, and what the typical timelines and outcomes look like. This is general information and not legal advice.

1. Understand what the “final offer” means

An insurer’s “final offer” is usually its last written settlement proposal. It may be a negotiation tactic. The insurer may label an offer as final, but you can still refuse it, ask for more, or pursue other remedies. Before responding, evaluate the offer against your full case value (medical expenses, lost wages, pain and suffering, future care, and other damages).

2. Gather the documentation that proves your claim

Assemble medical records, bills, wage statements, repair estimates, photos, police or incident reports, witness contact information, and any correspondence with the insurer. Prepare a short damages summary that shows how the insurer’s number compares to your documented losses.

3. Respond in writing — don’t ignore the offer

Reply to the insurer in writing. You can: (a) reject the offer and explain why; (b) make a counteroffer; or (c) demand more supporting information from the insurer if liability or damages are disputed. Keep your tone professional and stick to facts. Maintain a clear record of dates and the content of all communications.

4. Consider alternative dispute resolution (mediation or arbitration)

Mediation is common in personal injury disputes. It’s a confidential session with a neutral mediator who helps the parties reach a settlement. Arbitration is more formal and can be binding or nonbinding depending on the agreement. If the insurer is willing, mediation often produces better results faster and at lower cost than litigation.

5. File a complaint with the North Dakota Insurance Department

If you suspect the insurer is engaging in unfair claim practices (e.g., unreasonable delay, failure to communicate, or denial without reasonable basis), you can file a consumer complaint with the North Dakota Insurance Department. The Department can investigate and sometimes resolve disputes administratively. File a complaint online or by phone: North Dakota Insurance Department — File a Complaint.

6. Hire a personal injury attorney if the gap remains significant

If the insurer’s final offer is well below your reasonable damages—and the insurer won’t budge—consult an experienced personal injury attorney in North Dakota. An attorney can:

• Evaluate the strength of your liability and damages claims;
• Advise on settlement value and likely trial outcomes;
• Send a demand letter or formal rebuttal to the insurer;
• File suit and represent you through discovery, motions, and, if necessary, trial;
• Handle negotiations to try to improve the settlement amount.

Contingency-fee arrangements are common in personal injury cases. Ask prospective attorneys about fees, costs, and whether appeals of fee awards apply.

7. File a lawsuit before the statute of limitations runs

If you decide to sue, be aware of North Dakota’s filing deadlines for personal injury claims. Missing the deadline can bar your claim. For details on statutory deadlines and civil procedure in North Dakota, see the North Dakota Century Code and the North Dakota court rules: North Dakota Century Code (search) and North Dakota Court Rules. If you plan to sue, speak with an attorney promptly so you don’t lose your right to bring the claim.

8. What to expect if litigation begins

After filing suit, the parties enter discovery (exchange of documents, written questions, depositions). Many cases settle during discovery or shortly before trial. If the case proceeds to trial, a judge or jury decides liability and damages. Trials are costly and take time; a realistic cost/benefit analysis with your attorney will guide the decision whether to accept a settlement or proceed.

9. Possible extra claims: bad faith and statutory remedies

In some states, policyholders can bring claims for insurer bad faith or unfair practices. In North Dakota, you can report insurer misconduct to the North Dakota Insurance Department. An attorney can advise whether additional causes of action (including any statutory remedies or consumer protection claims) are available in your specific situation.

10. Practical timeline and decision checklist

• Immediate (days): Gather records, do a damages tally, respond in writing to the insurer.
• Short term (weeks): Try mediation, request more info from insurer, file an administrative complaint if warranted.
• Medium term (weeks–months): If no resolution, consult an attorney and prepare to file suit before the statute of limitations runs.
• Long term (months–years): If litigation is necessary, expect discovery, potential settlement talks, and possibly trial.

Remember: labeling an offer “final” does not strip you of the right to refuse it, negotiate further, or pursue court relief.

Disclaimer: This is educational information, not legal advice. For advice tailored to your situation, consult a licensed North Dakota attorney.

Helpful Hints — Practical tips to strengthen your position

• Document everything: Save all texts, emails, letters, medical bills, and notes of calls with dates, times, and the names of representatives.
• Get a written demand letter: If you haven’t already, prepare or have an attorney send a formal demand that clearly states damages and includes supporting documentation.
• Don’t accept pressure tactics: Insurers sometimes pressure claimants to accept quick low offers. Ask for time to review and consult counsel.
• Know when to consult counsel: If the damages are substantial, liability is disputed, or settlement negotiations stall, talk to an attorney immediately.
• Consider mediation early: Mediation can be cheaper and faster than litigation and may result in a better recovery than accepting a low “final” offer.
• File a complaint if you see bad practices: Use the North Dakota Insurance Department’s consumer complaint process: https://www.nd.gov/ndins/consumer/file-a–complaint.
• Ask about costs and fees: If you hire an attorney, get a clear fee agreement and understand who will advance litigation costs.
• Protect deadlines: Confirm the statute of limitations that applies to your claim and calendar the deadline—don’t rely on the insurer to protect your rights.