Rejecting an insurance settlement offer in Nevada means negotiations continue. You can present counteroffers, provide more evidence, or pursue mediation. If no agreement is reached, you may file a lawsuit before the statute of limitations expires. Be prepared for delays, legal costs, and potential trial, but possibly a higher payout.
Dealing with an insurance settlement offer after an accident can be confusing and stressful. Many people wonder what happens when you reject an insurance settlement offer and whether it will hurt their chances of receiving fair compensation.
Rejecting an initial settlement offer does not mean the end of your personal injury claim. Instead, it opens the door to further negotiations and the possibility of obtaining a better settlement.
In this article, we will explain what happens after you reject an insurance settlement offer, why you might want to say no to low offers, and how to navigate the negotiation process effectively.
What Happens After You Reject an Insurance Offer
When you reject an insurance settlement offer in Nevada, the negotiation process continues and you keep your right to pursue higher compensation or file a lawsuit. The insurance company cannot simply close your file or walk away from a valid claim just because you said no to their first offer.
Your rejection signals that you believe their proposal doesn’t fairly cover your damages. This opens the door for back-and-forth negotiations where both sides work toward a number that reflects the true cost of your injuries, lost wages, and suffering.
Can You Still Negotiate After Saying No
Yes, you can absolutely continue negotiating after rejecting a settlement offer. Insurance companies expect most people to reject their first offer because they typically start low to test your knowledge of your claim’s value.
The adjuster will usually respond in one of three ways: they’ll ask for more documentation about your injuries, present a revised offer, or request a phone call to discuss your concerns. This is normal business for them, and they’re prepared to go several rounds of offers and counteroffers.
Think of it like buying a car—the first price is rarely the final price. Insurance settlements work the same way, and experienced adjusters know this process can take weeks or months before reaching a settlement agreement.
Will The Insurer Withdraw The Offer
Insurance companies almost never withdraw settlement offers after you reject them. While they legally could pull an offer off the table, doing so would almost guarantee a lawsuit, which costs them far more time and money than continuing negotiations.
Their goal is to settle your claim for a reasonable amount without going to court. Withdrawing an offer on a legitimate claim would be counterproductive to that goal and could expose them to bad faith insurance practices claims.
If an adjuster threatens to withdraw their offer, they’re likely using pressure tactics to make you accept less than you deserve.
How Long Does The Process Take After Rejection
After you reject an offer and submit your counteroffer, it may take some time for the insurance company to respond. Complex cases involving severe injuries or disputed fault can take several months as the insurance company investigates further or consults with medical experts.
The timeline also depends on how far apart your positions are. If they offered $10,000 and you’re asking for $100,000, expect longer negotiations than if the gap is smaller.
Remember that Nevada’s two-year statute of limitations is your most powerful negotiating tool. The insurance company knows you can file a lawsuit against their insured driver at any time before this deadline expires.
If you’re approaching the two-year deadline and negotiations aren’t progressing, you’ll need to file a lawsuit to preserve your rights, even if you hope to settle later.
Related: How Long Does a Personal Injury Case Take in Las Vegas?
When To Reject A Low Insurance Offer
You should reject any settlement offer that doesn’t fully compensate you for your injuries, lost income, and pain and suffering. Insurance companies aim to settle claims for less than the full value, so their initial offers are frequently much lower than what you may be entitled to.
The key is recognizing when an offer is genuinely low versus when you might have unrealistic expectations about your claim’s value.
Signs The Initial Settlement Offer Is Too Low
Several red flags indicate you’re dealing with a lowball settlement offer:
- Quick timing: Offers that arrive within days of your accident come before anyone knows the full extent of your injuries
- Medical bills only: Fair offers include future medical costs, not just bills you’ve received so far
- No lost wages: If you missed work due to your injuries, compensation for that lost income should be included
- Zero pain and suffering: Nevada law allows compensation for physical pain and emotional distress, which adjusters often ignore.
- Pressure tactics: Phrases like “this offer expires tomorrow” or “take it or leave it” are designed to rush your decision
Serious Injuries And Future Care Costs
If you suffered serious injuries like traumatic brain injury, spinal damage, or internal injuries, never accept an early settlement offer.
You should wait until you reach “maximum medical improvement” before settling. Maximum medical improvement means your condition has stabilized and won’t get significantly better, allowing doctors to accurately predict your future care needs.
Accepting a settlement before knowing your full future medical needs can leave you responsible for paying any additional treatment costs out of pocket.
Non Economic Damages The Adjuster Ignored
Non-economic damages compensate you for the human impact of your injuries—your physical pain, emotional suffering, and how the accident changed your life. These damages don’t have receipts like medical bills do, but they’re often the largest part of a fair settlement.
Insurance adjusters frequently minimize or completely ignore non-economic damages in their initial offers. They might acknowledge your medical bills and lost wages but offer nothing for the months of pain you endured or your inability to play with your children like you used to.
In serious injury cases, pain and suffering damages can be worth several times your medical expenses.
Related: Can You Sue for Emotional Distress?
How To Counter An Insurance Settlement Offer
A strong counteroffer requires more than just asking for more money. You need to present evidence that justifies your higher demand and shows the insurance company you’re serious about getting fair compensation.
Your counteroffer should be professional, detailed, and supported by documentation that proves every dollar you’re requesting.
Build A Strong Demand Package
Your demand package is the foundation of your counteroffer and should include comprehensive documentation of your damages:
- Complete medical records: All treatment notes, bills, diagnostic tests, and written opinions from your doctors about future care needs
- Employment documentation: Pay stubs, tax returns, and a letter from your employer detailing missed work and lost opportunities
- Accident evidence: Police reports, photos from the scene, witness statements, and any expert accident reconstruction reports
- Personal impact documentation: A daily journal describing your pain levels, limitations, and how the injuries affect your relationships and activities
Organize everything chronologically and make copies of all documents before sending them to the insurance company.
Write A Clear Counteroffer Letter
Your counteroffer letter should be direct and businesslike. Start by referencing their offer and the date you’re rejecting it, then present your counteroffer amount with a clear breakdown of how you calculated it.
List each category of damages separately: past medical expenses, future medical costs, lost wages, future lost earning capacity, and pain and suffering. Reference the supporting documents in your demand package for each category.
Set a reasonable deadline for their response, typically 30 days, and state that you’re prepared to file a lawsuit if they don’t respond with a fair offer.
Avoid Common Adjuster Pressure Tactics
When you reject their offer, adjusters often use psychological tactics to pressure you into accepting less:
- False urgency: “This offer expires at midnight” or “My supervisor won’t approve this amount again”
- Claim devaluation: “Your case isn’t worth what you think” or “Juries don’t award much for these injuries”
- Fault shifting: “You were partially responsible, so this is a generous offer”
- Financial pressure: “Don’t you need this money now for your bills?”
Stay professional but firm in your responses. Remind them that you have documentation supporting your position and you’re willing to let a jury decide if they won’t be reasonable.
Risks And Benefits Of Rejecting
Every decision to reject a settlement offer involves weighing the potential for higher compensation against the certainty of delayed payment and the possibility of getting less money if your case goes to trial.
Understanding both sides helps you make the right choice for your specific situation.
Delay And Cash Flow Considerations
The biggest downside of rejecting an offer is that it delays your payment, sometimes by months or even years if your case goes to trial. Meanwhile, medical bills keep coming and you might be unable to work at full capacity.
Don’t let financial pressure force you into accepting an unfairly low offer, but be realistic about your ability to wait for a better one, and understand how a car accident lawyer can help navigate these financial pressures while pursuing fair compensation.
- Medical payment coverage: Your own auto insurance might cover immediate medical expenses regardless of fault
- Treatment liens: Some doctors and hospitals will treat you now and wait for payment from your settlement
- Personal loans: Some companies specialize in loans to personal injury claimants, though interest rates can be high
Higher Compensation Potential
The primary benefit of rejecting lowball offers is the potential for significantly higher compensation. Insurance companies count on people being uninformed about their rights or desperate for quick money.
People who negotiate their claims—particularly with the help of an attorney—often achieve settlements that are significantly higher than the initial offers made by insurance companies. A $15,000 first offer might become a $60,000 settlement with proper negotiation.
The insurance company’s first offer tells you the minimum they’re willing to pay, not the maximum your case is worth.
What If Negotiations Fail In Nevada
Sometimes insurance companies refuse to make fair offers no matter how strong your evidence is. When negotiations reach an impasse, you have several options for escalating your claim beyond simple back-and-forth offers.
Each option has different costs, timelines, and levels of control over the outcome.
Mediation Or Arbitration
Before going to court, you might try alternative dispute resolution methods like mediation or arbitration. Mediation involves hiring a neutral third party to help facilitate settlement discussions, while arbitration is more like a private trial where an arbitrator makes a binding decision.
| Process | Binding Decision? | Typical Cost | Timeline | Your Control |
| Mediation | No | $500-2000 | 2-3 months | High |
| Arbitration | Yes | $2000-5000 | 3-6 months | Medium |
| Trial | Yes | $10000+ | 12-24 months | Low |
Many insurance policies require mediation or arbitration before you can file a lawsuit, so check your policy language.
Filing A Lawsuit In Nevada
Filing a lawsuit officially begins the car accident litigation process and shows the insurance company you’re serious about taking your case to trial. This often motivates them to make much more reasonable settlement offers.
Most personal injury lawsuits are resolved without going to trial, and the lawsuit process gives you access to discovery tools like depositions and document requests that can strengthen your negotiating position.
The downside is that litigation is expensive, time-consuming, and stressful, with no guarantee you’ll get more money than the insurance company’s last offer.
Comparative Fault And Case Value In Nevada
Nevada car accident laws follow a modified comparative fault rule, which means you can recover damages as long as you’re not more than 50% responsible for the accident.
For example, if your case is worth $100,000 but you’re found 20% at fault, you’d receive $80,000. Nevada law implements modified comparative fault, also called comparative negligence, to ensure that even partially responsible parties can receive compensation proportionate to their fault.
If you’re found more than 50% at fault, you get nothing, which is why insurance companies sometimes argue you were primarily responsible even when the evidence suggests otherwise.
How an Experienced Personal Injury Lawyer Can Help
An experienced personal injury lawyer plays a crucial role in navigating the complex claims process after rejecting an insurance settlement offer. They provide legal representation, help gather essential evidence, and negotiate effectively to secure a fair resolution. Here’s how they can assist:
- Case Evaluation: They assess the full extent of your injuries and damages to determine the true value of your personal injury claim.
- Evidence Gathering: They collect and organize medical records, accident reports, and witness statements to support your case.
- Negotiation Expertise: Skilled in settlement negotiations, they counter low settlement proposals to advocate for adequate compensation.
- Legal Representation: They handle complex legal procedures and communicate with the insurance provider on your behalf.
- Litigation Support: If negotiations stall, they prepare and represent you in court to pursue legal action for fair compensation.
- Future Costs Consideration: They ensure your settlement covers ongoing medical treatment and future medical expenses to protect your financial interests.
Thinking of Rejecting an Insurance Settlement Offer? Contact us for a Free Case Evaluation
Are you feeling uncertain about whether to accept or reject an insurance settlement offer? You deserve a fair settlement that truly covers your injuries, lost wages, and ongoing medical expenses.
At Ladah Injury & Car Accident Lawyers Las Vegas, we understand the tactics insurance companies use to minimize your compensation, and we’re here to fight for your rights. Don’t let a low initial offer pressure you into a decision that could cost you in the long run.
Contact us today for a free consultation, and let our experienced personal injury attorneys guide you through the negotiation process to secure the compensation you deserve.
Frequently Asked Questions
How Many Times Can You Reject A Settlement Offer From Insurance
You can reject settlement offers as many times as you want within Nevada’s two-year statute of limitations. There’s no legal limit on the number of rejections or counteroffers you can make during negotiations.
Can You Accept Property Damage Settlement But Reject Injury Settlement
Yes, you can settle the property damage portion of your claim while keeping your injury claim open for further negotiation. Just make sure any release you sign specifically states it only covers property damage and not bodily injury.
Does Rejecting A Settlement Offer Affect Your Own Insurance Benefits
No, rejecting a third-party settlement offer won’t affect benefits under your own insurance policy like rental car coverage or medical payment coverage. These are separate contractual obligations your insurer has to you regardless of your injury claim status.
Should You Give A Recorded Statement To Insurance After Rejecting Their Offer
Never give a recorded statement to the other party’s insurance company without consulting an attorney first. Adjusters are trained to ask questions designed to get you to say something that can minimize your claim value later.
Can Your Attorney Make A Time Limited Settlement Demand In Nevada
Yes, your attorney can send the insurance company a time-limited demand that requires them to respond within a specific timeframe or face potential bad faith exposure. This tactic puts pressure on insurers to evaluate your claim seriously and respond promptly.
Will Your Health Insurance Want Money Back From Your Settlement
Most health insurance plans and medical payment coverage have subrogation rights, meaning they can seek reimbursement from your settlement for medical bills they paid. Your attorney can often negotiate to reduce these liens as part of your settlement.
Final Thoughts
Rejecting an insurance settlement offer is a strategic decision that can lead to a more equitable settlement, but it requires patience and careful negotiation.
By understanding your rights, gathering thorough evidence, and working with an experienced personal injury attorney, you increase your chances of receiving fair compensation that covers medical expenses, lost income, and pain and suffering. Always weigh the risks and benefits before deciding.
You don’t have to face this alone – give us a call if you have questions.
