Quick overview
If an insurance company tells you its settlement offer is “final,” that does not always mean you have no options. This article explains practical steps you can take in North Dakota to protect your rights, evaluate the offer, preserve evidence, and decide whether to negotiate further or pursue other remedies. This is not legal advice.
Detailed answer
Insurance companies sometimes say an offer is final to encourage acceptance. Under North Dakota law you can still take several actions before signing anything or accepting payment. Follow these steps in order:
- Get the offer in writing. Ask the insurer to put the full offer and any conditions in writing (amount, who it releases, whether it includes medical liens, attorney fees, deductible, and whether it is ‘full and final’ for all claims). Written terms protect you and make it easier to evaluate.
- Do not sign a full release or cash a settlement check yet. A signed general release usually ends your right to pursue further claims. If you accept money before you know the full extent of your damages, you may lose the right to more compensation later.
- Review the offer against actual damages and costs. List all your current and reasonably anticipated expenses: medical bills, future medical care, lost wages, property damage, rental/car replacement, pain and suffering, and claims for long-term impacts. Compare that total to the insurer’s offer.
- Request documentation of the insurer’s valuation. Ask how they calculated the offer and for copies of any reports, medical reviews, and reserve notes. Insurers often base offers on their adjuster’s evaluation, medical records, or liens. Knowing their basis helps you prepare a counteroffer.
- Consider a counteroffer or a demand letter. If the insurer’s figure is too low, submit a clear counteroffer or a written demand that explains your damages and provides supporting records. Set a reasonable deadline for response.
- Use negotiation tools: appraisal, mediation, or appraisal clauses. Some policies include appraisal or arbitration clauses for disputed claims (more common in property claims). For bodily-injury matters, mediation or demand packages can prompt a better offer. Check your policy and the insurer’s letter for dispute-resolution options.
- Preserve evidence and medical records. Keep all records, photos, receipts, witness information, and treatment notes. If you later file suit or open a new negotiation, this evidence will be crucial.
- Be aware of deadlines and statutes of limitations. Do not let procedural deadlines pass while you negotiate. North Dakota law sets the time limits for bringing lawsuits; consult North Dakota statutes and consider asking an attorney about deadlines that might apply to your claim. For general access to North Dakota statutes, see the North Dakota Century Code: https://www.legis.nd.gov/cencode.
- File a complaint with the North Dakota Insurance Department if you suspect bad faith or unfair practices. If the insurer refuses to explain or you believe it acted unfairly, you can submit a consumer complaint to the North Dakota Insurance Department. Consumer complaints can prompt regulator review and sometimes change insurer behavior: https://www.nd.gov/ndins/consumer/complaint.html.
- Talk to an attorney before accepting a final offer if the damages are significant. An attorney can evaluate liability, damages, causal issues, and whether the insurer’s tactics amount to bad faith under North Dakota law. If you already have an attorney, refer the insurer to that attorney and let negotiations proceed through counsel.
When to get a lawyer: seek counsel if your injuries are serious or permanent, medical expenses are high, the insurer denies liability, the insurer refuses to justify its math, or you suspect unfair or bad-faith conduct. An attorney can prepare a demand packet, negotiate, or file suit if needed.
North Dakota-specific resources
- North Dakota Century Code — Insurance provisions (Title 26.1): https://www.legis.nd.gov/cencode/t26-1
- North Dakota Insurance Department — Consumer information and complaint portal: https://www.nd.gov/ndins/consumer/complaint.html
- North Dakota Courts — general information about filing civil actions: https://www.ndcourts.gov
Keep in mind: specific defenses, policy language, and statutory rules affect each case. The links above point to state resources and the statutory code where you can review applicable provisions.
Helpful Hints
- Ask for everything in writing — verbal promises are not reliable.
- Do a quick written calculation of your damages before responding to an offer.
- Don’t rush to sign a general release. If you must accept a small advance payment, request a limited release or a written reservation of rights.
- Ask whether the offer covers liens (medical providers, Medicare, Medicaid) and how the insurer plans to handle them.
- If the insurer claims the offer is non-negotiable, ask for a supervisor or request a written explanation of the claim valuation.
- Keep a timeline of all communications (dates, names, summaries). This helps if you later file a complaint or lawsuit.
- Use the North Dakota Insurance Department if you can’t get satisfactory answers from the insurer.
- When in doubt about deadlines or complex legal questions, consult an attorney promptly — delaying can cost recovery rights.