How to contest an insurance company’s final offer after a Washington injury

Short answer: Don’t sign anything right away. Verify the insurer’s offer against your total damages, gather supporting records, send a written demand that explains why the offer is inadequate, and — if necessary — pursue mediation or a lawsuit before Washington’s statute of limitations runs. You can also file a complaint with the Washington Office of the Insurance Commissioner if the carrier engaged in unfair claim practices. This is general information, not legal advice.

Detailed answer — step-by-step process under Washington law

1. Confirm what “final offer” means and preserve paperwork

Ask the insurer to put the offer in writing if it is not already. Keep the offer letter, explanation of benefits, any emails, and the name and contact of the adjuster who made the offer. Do not sign a release or accept payment until you understand the full consequences of accepting the offer (a full release typically prevents you from later suing for additional damages).

2. Calculate your full damages

Make a realistic accounting of ongoing and past losses: medical bills, future medical care, lost wages and lost earning capacity, property damage, physical pain, emotional distress, and other out-of-pocket costs. For complex or serious injuries, consult medical providers and economists to estimate future costs. If the injury reduces your ability to work, document that with employer records and expert opinion.

3. Collect and organize evidence

• Medical records and itemized bills.
• Photos of injuries and accident scene, police or incident reports.
• Pay stubs, tax returns, and employer statements showing lost income.
• Witness statements and contact information.
• Treatment chronology and prognosis from treating providers.

4. Send a written demand or counteroffer

Prepare a cover letter or demand package that explains why the insurer’s offer is too low and includes the evidence listed above. State a reasonable settlement amount and a deadline for response (commonly 10–30 days). Send the demand by certified mail or another trackable method. Keep a copy of everything you send.

5. Use alternative dispute resolution if available or appropriate

Many cases settle at or before mediation. If the policy contains an appraisal or arbitration clause, follow the policy procedure to trigger that process. Mediators and arbitrators can often bridge gaps between insurer offers and claimant expectations with less time and expense than litigation.

6. File a complaint with the Washington Office of the Insurance Commissioner (OIC)

If the company engaged in unfair claim practices, delay, or wrongfully denied coverage, you can file a complaint with the OIC. The OIC can investigate and sometimes obtain relief or pressure the insurer to act. See the OIC complaint page for details and to submit a complaint: https://www.insurance.wa.gov/file-complaint-insurance-company.

7. File a lawsuit before the statute of limitations expires

If negotiations and ADR fail, you can file a civil claim in Washington Superior Court. For most personal injury claims, Washington’s statute of limitations is three years from the date of injury. See RCW 4.16.080: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080. Filing suit preserves your right to pursue damages through litigation, opens discovery (requests for documents, depositions), and often prompts renewed settlement efforts.

8. Consider claims for unfair practices or bad conduct by the insurer

Washington regulates insurer claims handling under chapter 48.30 RCW (Unfair Claims Settlement Practices). If a carrier engaged in unfair settlement behavior, you may have additional remedies or avenues for complaint. See chapter 48.30 RCW: https://app.leg.wa.gov/rcw/default.aspx?cite=48.30. Because the law and available causes of action depend on facts and policy language, talk to an attorney about whether your situation supports further claims beyond the underlying injury claim.

9. Hiring an attorney — when and why

Hire a personal injury attorney if:

• Your injuries are serious, permanent, or involve ongoing care.
• The insurer refuses a reasonable settlement or fails to disclose policy limits.
• Liability is disputed, or complex medical or wage issues exist.

Most personal injury attorneys accept cases on contingency (they take a percentage of recovery), which means an attorney can help evaluate the offer and explain whether suing makes financial sense. If you keep negotiating on your own, consider at least a consultation so you understand your legal options.

Key Washington law and resources cited

• Washington statute of limitations for personal injury: RCW 4.16.080 — https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
• Washington’s rules on unfair claims settlement practices: chapter 48.30 RCW — https://app.leg.wa.gov/rcw/default.aspx?cite=48.30
• File a complaint with the Washington Office of the Insurance Commissioner: https://www.insurance.wa.gov/file-complaint-insurance-company
• Washington Courts self-help resources (filing a civil case): https://www.courts.wa.gov/selfhelp/

Helpful hints

• Do not sign a general release or accept a check labeled “final payment” until you are certain the amount fully compensates you.
• Send counteroffers and demands in writing and by a traceable method (certified mail, email with read receipts).
• Keep a single file of all treatment notes, bills, and communications. Chronology matters in litigation.
• Respect the statute of limitations (usually three years for personal injury in Washington). Filing a lawsuit protects your rights.
• If the insurer cites a policy clause (arbitration, appraisal), read the policy and consider legal input quickly — some clauses require quick action to preserve rights.
• Filing a complaint with the OIC does not substitute for filing a lawsuit when necessary, but it can help resolve complaints about claim handling.
• Ask for itemized explanations of how the insurer calculated its offer (medical offsets, liability percentages, policy limits, lien reductions, etc.).
• Talk to at least one attorney for a free or low-cost consultation if you have serious injuries, substantial bills, or if the insurer’s explanation does not make sense.

Disclaimer

This article explains general Washington state law and common procedures for contesting an insurer’s offer after an injury. It is for educational purposes only and is not legal advice. Laws change, and every case depends on its facts. Consult a licensed Washington attorney to get advice tailored to your situation.