FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Negotiating counteroffers with an insurance adjuster in Tennessee involves a clear, organized process. Follow these steps to protect your interests and comply with state law.

1. Review Your Insurance Policy
   Examine coverage limits, exclusions, notice requirements and appraisal clauses. Note any deadlines for providing proof of loss.
2. Document Your Losses
   Gather all relevant evidence:
   • Photos of damage or injury reports
   • Receipts, bills and estimates
   • Medical records or expert reports
3. Analyze the Initial Offer
   Compare the adjuster’s first offer to your documented losses. Identify areas where the insurer undervalued damages or overlooked coverage.
4. Prepare a Written Counteroffer
   Draft a concise letter or email that:
   • References your policy sections and relevant facts
   • Summarizes the evidence supporting a higher valuation
   • Specifies the amount you seek
5. Submit and Track Your Counteroffer
   Send your counteroffer by the method the insurer prefers (e.g., certified mail or adjuster portal). Keep proof of delivery and note the date you sent it.
6. Engage in Good-Faith Negotiation
   Under Tennessee law, insurers must avoid unfair claim settlement practices. See Tenn. Code Ann. § 56-8-104. Be prompt, professional and responsive when the adjuster replies. Ask clarifying questions and offer supplemental documentation as needed.
7. Use Alternative Dispute Options
   If negotiations stall, review your policy for an appraisal clause. Appraisal lets you and the insurer each hire a neutral appraiser. If you still disagree, consider mediation or arbitration.
8. Keep Detailed Records
   Maintain a log of all communications, including dates, times, participants and key points discussed. Save emails, letters and notes from phone calls.
9. Consider Escalation
   If the insurer engages in unfair practices or refuses to negotiate in good faith, you may file a complaint with the Tennessee Department of Commerce & Insurance or consult a local attorney for further steps.

Helpful Hints

• Act promptly: Missing policy deadlines can forfeit coverage.
• Stay organized: Create a folder for all claim-related documents.
• Be factual: Support each counteroffer point with clear evidence.
• Use objective estimates: Obtain independent appraisals or expert opinions.
• Communicate in writing: Reduce misunderstandings and create a paper trail.
• Know your rights: Review the Tennessee Unfair Claims Practices Act.