Disclaimer: This post is for informational purposes only and does not constitute legal advice.
Detailed Answer
- Review the Adjuster’s Counteroffer: Carefully read the insurer’s written offer. Note coverage limits, deductibles, depreciation, and exclusions.
- Gather and Organize Evidence: Collect repair estimates, invoices, medical records, receipts, photos, and police reports. Attach copies to support your losses.
- Confirm Policy Terms and Valuation Method: Check your policy for replacement cost versus actual cash value. Understand how the insurer calculated depreciation.
- Check Statutory Rights and Regulations: Insurers must follow unfair settlement practices under Wis. Admin. Code Ins. 6.07. Review your right to an independent appraisal under Wis. Stat. § 632.51.
- Calculate a Justified Demand: Itemize each loss. Use market or contractor estimates to back replacement or repair costs. Include additional coverages such as rental or loss of use if applicable.
- Draft Your Counteroffer Letter: Present a clear, organized demand. Reference key policy provisions and attach supporting evidence. State a reasonable deadline, typically 14–21 days.
- Submit and Document Correspondence: Send via certified mail or email with read receipts. Keep copies of all communications, noting dates, times, and names.
- Engage in Professional Negotiation: Remain courteous and fact-based. Address each point the adjuster raises. Offer to supply additional information promptly.
- Use Alternative Dispute Methods if Needed: If discussions stall, consider mediation or demand an appraisal per Wis. Stat. § 632.51 to value losses independently.
- Consider Legal Advice: If the insurer undervalues or unreasonably delays, consult a Wisconsin attorney. Legal counsel can assess potential bad faith practices under state law.
Helpful Hints
- Track all deadlines in writing to avoid missed rights.
- Maintain a file with dated copies of every document.
- Request a written explanation for any claim denial or low offer.
- Use certified mail to secure proof of delivery.
- Verify the adjuster’s licensing status under Wis. Stat. § 628.34.
- Keep communications clear, concise, and professional.
- Consider small-claims court for disputes under $10,000.