Detailed Answer

Short answer: If an insurer refuses to increase what it calls its “final” offer, you have several practical and legal options: continue negotiation, use alternative dispute resolution (mediation/arbitration), file a lawsuit, or file a complaint with the North Dakota insurance regulator. Each path has trade-offs in time, cost, and risk. Act promptly so you do not lose legal rights.

How this commonly plays out (example fact pattern)

Imagine you were in a car crash in Fargo. You have medical bills, lost wages, and pain and suffering. The other driver’s insurer offers a low “final” settlement. You send a medical summary and a demand letter asking for more. The insurer replies that the offer is final and will not be increased. What can you do next?

Practical next steps

• Review the offer carefully. Check whether the written offer releases only the insurance company or also the other party, whether it covers future medicals, and whether it is full-and-final. Don’t sign until you understand what you are giving up.
• Send a firm but professional response. If you have new evidence (medical records, wage statements, photos, expert reports), present it in a short follow-up letter or email and set a firm deadline to accept. Sometimes a clear, evidence-based letter prompts re-evaluation.
• Request mediation or appraisal. Many policies or courts allow mediation (neutral settlement meeting) or appraisal for valuation issues. Mediation is low-cost compared with litigation and often gets insurers to increase offers because a neutral mediator frames the risks.
• Consider alternative insurers’ remedies under your policy. If this is your own first-party claim (e.g., under your own homeowner or auto policy), the policy may include appraisal clauses or prescribed steps before litigation. Follow those contract steps to preserve rights.

When to consider litigation

If negotiation and mediation fail, you can typically sue the insured (or the insurer, depending on the claim). Litigation forces discovery (document exchange, depositions) and a judge or jury decides value. Litigation can produce a higher award but takes time and money.

Key considerations before suing:

• Does the likely recovery exceed litigation costs and risks?
• How long will it take to get to trial or to settlement through discovery/mediation?
• Are there any policy limits or multiple defendants to consider?

Bad-faith or unfair-claims practices

In many states, an insurer that denies or unreasonably lowballs a valid claim may face liability for unfair settlement practices or tort claims (often called “bad faith”). North Dakota regulates insurer conduct and allows consumer complaints to the state insurance department. If you suspect the insurer acted unreasonably, document communications and consider whether an attorney should evaluate a possible unfair-claims or bad-faith claim. The North Dakota Insurance Department provides consumer resources and complaint procedures: North Dakota Insurance Department.

File a complaint with the regulator

If the insurer’s conduct seems deceptive, delayed without good reason, or violates the insurer’s duties, you can file a complaint with the North Dakota Insurance Department. The Department can investigate, require corrective action, and sometimes obtain remedies for policyholders. Visit the Department’s website for instructions on filing: https://www.nd.gov/ndins/.

Small claims vs. civil suit vs. arbitration

• Small claims court: Faster and cheaper for smaller disputes (limits depend on jurisdiction and claim type). Check whether your claim amount fits North Dakota small-claims thresholds and court rules.
• Civil suit in district court: Appropriate for larger claims or when you need full discovery and remedies beyond the insurer’s offer.
• Arbitration: Binding if you agreed to it in a contract; it can be faster and cheaper than court but limits appeal rights.

Preserve your rights and deadlines

Statutes of limitations and contractual deadlines govern how long you have to sue or invoke policy remedies. These deadlines vary by claim type. Don’t assume you have unlimited time — act promptly and consult an attorney if you are unsure about timing.

When to talk to an attorney

Contact an attorney if:

• The insurer’s offer is well below your provable damages;
• You suspect the insurer misrepresented policy coverage or delayed unreasonably;
• The claim is complex (serious injury, permanent harm, disputed liability); or
• You need advice about filing suit, arbitration, or bad-faith claims.

Helpful Links (North Dakota)

• North Dakota Insurance Department: https://www.nd.gov/ndins/
• North Dakota Courts general information: https://www.ndcourts.gov/
• North Dakota Century Code (useful starting point for statutes): https://www.legis.nd.gov/cencode

Helpful Hints

• Keep a complete file: date-stamped copies of all medical records, bills, correspondence, photos, and witness statements.
• Always respond in writing. If you receive a “final” offer, ask the insurer to confirm in writing what the offer releases and what it covers.
• Don’t accept a low “final” offer if it doesn’t fairly compensate you for provable damages. You can reject it and pursue other remedies.
• If you hire a lawyer, ask about fee structure (contingency vs. hourly) and who pays litigation costs if you lose or settle.
• Use mediation early. A neutral mediator can change the dynamic at low cost and lead to a better settlement than protracted litigation.
• File a regulator complaint if the insurer obstructs a legitimate claim. The North Dakota Insurance Department can investigate patterns of unfair conduct.

Final point and disclaimer

This information explains typical options under North Dakota practice but is not a substitute for legal advice about your specific situation. I am not a lawyer. If you need advice about a specific claim, consult a licensed North Dakota attorney or contact the North Dakota Insurance Department for consumer help: https://www.nd.gov/ndins/.