Why Insurance Negotiations Take So Long—and How to Protect Yourself after an Accident.

by | Nov 3, 2025 | Personal Injury | 0 comments

What is “death by counteroffer” and how a Seattle injury attorney can help.

Why do insurance agencies negotiate personal injury claims?

If you’ve been in an accident in the Seattle area, or anywhere in Washington, chances are, you’re frustrated. The insurance company that once made you feel secure now seems slow to step up.

Why don’t they simply pay you the benefits they owe you?

The short answer: Insurance companies are businesses. Their goal is to protect their bottom line. They do this by bringing in as much revenue as possible while paying out as little as they can.

Negotiating allows insurance companies not just to find a fair number, but to minimize the amount you receive, reduce their risk, and maintain control and leverage.

For personal injury victims like you, this can mean drawn-out, back-and-forth conversations that can leave you without the financial help you need to get back to life.

It can be exhausting and even scary.

What is “death by counteroffer” in insurance claims negotiations?

Insurance companies have a handful of negotiation strategies in their pockets. Lowballing initial offers, disputing liability, and dragging out medical reviews can affect insurance settlement negotiation.

One of their most frustrating strategies is a stalling tactic attorneys call “death by counteroffer.” Though not a legal term found in statutes, it describes accurately the very real experience personal injury victims like you face.

Think of it like a long game of tug of war.

The injured victim submits a settlement demand. Tug.

The insurance company responds with a low offer. Pull.

The injured victim pushes back. Strain.

The insurance company responds with an offer slightly higher, but still below fair value. Tug.

The cycle continues in tiny, incremental increases for weeks, months, or maybe even years.

It can feel like a tug of war that has no end, leaving you feeling frustrated, financially challenged, and maybe even hopeless.

Why insurance companies use “death by counteroffer.”

As much as you wish insurance companies cared about you (and, to be fair, many of their agents and employees do), the company’s main concern is their bottom line. Stalling settlements using “death by counteroffer” helps protect their bottom line in three ways:

  1. It gives them leverage. The longer the negotiations last, the more likely the claimant will settle for less—especially if you’re struggling with lost wages or medical bills.
  2. They profit from the delay. Insurance companies earn interest in money they hold in reserve. The longer they can delay a payout, the more interest they earn for themselves. The longer the insurance claim delays, the more money they make.
  3. Assess the claimant. By making many small offers, they can test the patience or willingness of the injured person to hold out for more. It’s their way of seeing how much you can handle.

 

How a Seattle Personal Injury Attorney Can Protect You.

“Death by counteroffer” isn’t about fairness. It’s about pressure.  Insurance companies hope you will settle for what they are willing to give. Their focus is their bottom line.

Here at Kobes Legal, our focus is on you.

As your Seattle area personal injury lawyer, we don’t want to simply win a case; we want to get you what you deserve. And, with over ten years of experience bringing in millions in settlements, Brett Kobes and his skilled personal injury team know exactly how.

We understand you. You are more than a client. You are a person. We examine incident reports and medical records, analyze evidence, advise you, and listen to you. We see your whole story and will fight for you.

We understand them. We understand their strategies, their tactics, and the ropes of this tug of war. We know how to shorten negotiations, raise offers, and secure timely and deserving settlements.

You’ve been through enough. You don’t have to do the rest alone. Contact Kobes Legal PLLC today to schedule a free consultation at (206) 915-7177.  Let us show you how we can avoid “death by counteroffer” and offer you the help, peace, and compensation you deserve.

 

This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. Please consult a licensed attorney about your specific situation.