Short answer
Treat a carrier’s statement that an offer is “final” as one position in the negotiation, not as a legal deadline you must accept. You can evaluate, push back, document, and pursue other dispute-resolution options under Georgia law. Preserve evidence, check your deadlines, and consider getting legal help before signing anything or accepting money.
Detailed Answer — What to do when an insurer says its offer is final (Georgia)
This section explains practical steps you can take and the Georgia legal context that matters. It assumes no prior legal knowledge.
1) Don’t sign or cash anything immediately
Insurers often attach a release when they give an offer. Signing a release usually ends your right to seek more money for the same claim. If you may have ongoing injuries, future medical bills, or unresolved property damage, do not sign or accept payment until you fully understand the release language.
2) Ask for a written, itemized explanation
Request the insurer to put the “final” offer in writing and to explain how they calculated it. Ask for medical-record or repair-estimate references, adjuster notes, and any policy sections the company relied on. A clear written explanation helps you spot errors and gives your lawyer or an appraiser something to review.
3) Check your policy limits and coverages
Compare the offer to what your policy covers (limits, deductibles, exclusions). If the insurer is trying to settle under a lower coverage bucket (e.g., paying only “actual cash value” instead of replacement cost), point that out and request reconsideration in writing.
4) Preserve and organize evidence
- Keep all letters, emails, and voicemail summaries.
- Save photos, medical records, repair estimates, bills, and witness contact info.
- Keep a log of conversations: date, time, person, and what was said.
5) Send a demand letter or request reconsideration
If you believe the offer is too low, prepare a concise demand letter explaining your damages, attaching supporting documents, and stating what you will accept. Give the insurer a reasonable deadline to respond. A demand letter shows you are serious and often results in a better offer.
6) Use contract remedies in your policy: appraisal, mediation, or arbitration
Many insurance policies include dispute-resolution provisions such as appraisal (common in property claims) or mandatory mediation/arbitration. Read your policy and, if applicable, invoke those procedures in writing. Appraisal or arbitration can produce a binding decision or a basis for renewed settlement talks.
7) File a complaint with the Georgia insurance regulator
If you think the company is acting unfairly or in bad faith, you can file a consumer complaint with the Georgia Office of Commissioner of Insurance (OCI). OCI can investigate unfair claim practices and may help resolve disputes or apply regulatory pressure. File a complaint or learn how at: https://oci.georgia.gov/file-complaint.
8) Know time limits that matter in Georgia
Different claims have different deadlines. For example, Georgia’s statute of limitations for most personal-injury claims is two years from the date of injury (O.C.G.A. § 9-3-33). Don’t let a settlement scare you into missing these deadlines; if the limitations period is close, talk with an attorney about tolling or protective filings. See the statute here: O.C.G.A. § 9-3-33.
9) Consider whether you have a bad-faith or unfair-practice claim
Under Georgia law, insurers must follow fair-claims practices. If an insurer intentionally or recklessly denies or delays a valid claim without a reasonable basis, you may have recourse. Georgia’s rules on unfair claim settlement practices are in the insurance code; OCI enforces consumer protections and can investigate patterns of misconduct: Georgia Code, Title 33 (Insurance).
10) Get legal advice before accepting or signing
An attorney who handles insurance claims can quickly evaluate whether the offer is fair, whether releases are overly broad, and whether you have leverage for a better settlement or a claim for insurer misconduct. If you want a referral, the State Bar of Georgia provides lawyer referral information at: https://www.gabar.org/.
When to consider filing a lawsuit
Filing a lawsuit may be appropriate when (a) the insurer refuses to pay a valid claim, (b) the insurance company’s investigation was unreasonable, or (c) the policy language clearly supports your claim and negotiations fail. Lawsuits carry deadlines and costs; talk with an attorney about likelihood of success, damages available, and potential recovery of attorney’s fees.
Helpful Hints
- Don’t accept the first “final” offer without comparing it to your total expected damages (current + future).
- Never sign a release until you understand every clause—particularly broad “all claims” language.
- Get multiple repair or replacement estimates for property claims.
- Ask for the adjuster’s authority level (e.g., how much settlement authority they have).
- Use certified mail or email so you have records of what you sent and when.
- If you plan to hire a lawyer, ask whether they work on contingency (they get paid from the settlement) for injury or uninsured-motorist claims.
- If the insurer says the offer is final but new evidence appears later (new medical problems, or additional property damage), Georgia law and many policies allow you to reopen or present new information—don’t assume an absolute bar.
- File an OCI complaint if the company misled you, repeatedly delayed, or ignored reasonable proof of loss.
Disclaimer
This article explains general rights and options under Georgia law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Georgia attorney.