Detailed Answer
When an insurance adjuster makes an initial settlement proposal, it often represents a starting point, not a final offer. In Washington, you have the right to review the proposal, gather evidence of your damages, and respond with a counteroffer if the initial amount undervalues your claim. By crafting a well-supported counteroffer, you demonstrate that you know your policy rights and the true cost of your losses. Insurers typically expect negotiations and will often revise their offer after receiving credible documentation of your expenses, lost wages, medical bills, and other damages.
To prepare your counteroffer, start by reviewing your insurance policy’s coverages, limits, and exclusions. Calculate your total damages, including medical expenses, property repairs, lost income, and pain and suffering. Attach itemized receipts, medical records, expert reports, and photographs that support each category of your loss. Present your counteroffer in writing, clearly stating the total amount you seek and breaking down each line item. This approach builds credibility and makes it harder for the adjuster to dismiss your figures as inflated.
Under Washington law, insurers must handle claims in good faith and avoid unfair settlement practices. RCW 48.30.010 defines unfair claims settlement practices, and you may cite these provisions if you suspect the insurer is acting in bad faith. If negotiations stall or you believe the insurer violated your rights, you can file a complaint with the Office of the Insurance Commissioner or consider a private cause of action under the Washington Insurance Fair Conduct Act (RCW 48.30.015).
Remember that presenting a counteroffer does not guarantee immediate acceptance. Negotiation often takes multiple rounds. Stay professional and responsive to any follow-up questions. Keep all correspondence in writing and meet any deadlines the insurer sets. If the insurer refuses to budge and you believe you deserve more, discuss your options with a qualified Washington attorney before deciding to accept or reject the final offer.
Helpful Hints
- Review your policy: Understand limits, deductibles, and exclusions before negotiating.
- Document your losses: Gather receipts, invoices, medical records, and pay stubs.
- Itemize your counteroffer: Break down each damage category for clarity.
- Use written communication: Always follow up phone calls with an email or letter.
- Cite Washington law: RCW 48.30.010 prohibits unfair practices; RCW 48.30.015 provides a private right of action.
- Set a reasonable deadline: Give the insurer a clear response date to keep negotiations on track.
- Stay polite but firm: Professional tone helps maintain credibility.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance on your specific situation.