Detailed Answer
Negotiating a counteroffer with an insurance adjuster in Ohio involves clear communication, thorough documentation, and a step-by-step approach. Understanding each phase helps you secure a fair settlement.
1. Review the Insurer’s Initial Offer
Read the adjuster’s letter and your policy to identify covered losses, exclusions, limits, and response deadlines.
2. Gather Supporting Documentation
Collect medical records, repair estimates, receipts, invoices, and expert reports. Organize them to show actual damages and costs.
3. Calculate Your Claim Value
Summarize economic losses (medical expenses, lost wages, property damage) and non-economic losses (pain and suffering). Use a clear worksheet or spreadsheet.
4. Draft a Written Counteroffer
Write a concise letter stating your demand. Include a summary of facts, an itemized list of damages, copies of supporting documents, and a reasoned explanation for your amount.
5. Submit the Counteroffer
Send the counteroffer by certified mail or as specified in your policy. Keep proof of delivery and all correspondence.
6. Respond to the Adjuster’s Follow-Up
If the adjuster replies with a revised offer, review their reasoning and evidence. Prepare a rebuttal that points out gaps, inconsistencies, or overlooked documentation.
7. Explore Dispute Resolution
If negotiations stall, consider mediation or appraisal. Many property policies include an appraisal clause. You can also pursue a bad-faith claim under Ohio Revised Code section 3937.18 (ORC 3937.18), which allows damages if an insurer unreasonably denies or delays payment.
Helpful Hints
- Maintain a professional and respectful tone in all communications.
- Set realistic deadlines for the insurer’s response and note them in writing.
- Document every interaction, including dates, times, and summaries of phone calls.
- Review Ohio’s Unfair Claims Settlement Practices (OAC 3901-1-54) to understand insurer obligations.
- Consider consulting a licensed Ohio attorney if the insurer refuses to negotiate in good faith.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed Ohio attorney for advice tailored to your situation.