Funding When There's an Offer on the Table: Cash Now, Before the Money Moves
The insurer made an offer or tendered the policy limits, and the money has not moved. The release, the liens and the insurer's payment clock all stand between the offer and the check. Yes, funding is available at this stage: an advance against the offer now, priced like any pre-settlement advance, with no credit check, and the review is short because the question is no longer whether your case pays, only when.
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What happens after the insurer makes an offer?
Your attorney brings you the offer, and you decide together whether to accept it, counter it or turn it down. Once an offer is accepted, the release is drafted and signed, the insurer pays your attorney, and the fee, the costs and the liens come out before your share is released.
An offer can also arrive as a tender of the full policy, often in answer to a demand your attorney sent with a deadline. Each step after the offer is routine, and each one keeps the money out of reach for a while. Funding on the offer closes that gap so you can pay what needs paying now, not when the paperwork finishes moving.
How does funding on an offer work, from offer to cash?
Apply Online
Complete our 2-minute form or call us. Basic case details only, no documents needed at this stage.
Attorney Review
We ask your attorney's office for the offer, the demand it answers and the lien figures.
Funding Decision
We assess your case and return a funding decision, usually the same business day.
Clear Agreement
You get your agreement with every term spelled out before you sign.
Funds Delivered
Money usually arrives via wire transfer or overnight check within 24–48 hours of signing.
No obligation. No credit check. Takes 2 minutes.
Can I get funding once there is an offer?
Yes, and an offer often makes the review short: the question is no longer whether your case pays, only when and how much. Apply as soon as the offer arrives, before or after you accept it. A written offer or a tendered policy gives the review a number to work from.
An offer is not required to apply; most case types are reviewed before any offer, and an offer adds a number. Mass tort, product liability and pharmaceutical cases are reviewed once there is a settlement offer, the claim is enrolled in a settlement program, or the case has settled. Workers' compensation, medical malpractice, sexual abuse and civil rights cases are strongest at the offer stage.
What does "policy limits tendered" mean, and what does it do to the case?
It means the insurer has offered everything its policy covers for this claim. That usually settles what this insurer will pay, and it turns the case into two questions: is there more coverage behind this policy, and how much of the limit is left after the fee, the costs and the liens.
More coverage can come from another defendant, an umbrella or excess policy, or your own underinsured motorist coverage if you carry it. The release usually ends the claim against everyone it names, which is why the coverage question comes before the release is signed. A tender is also often the answer to a demand your attorney sent with a deadline, and in these states the demand, or the insurer's exposure for letting it lapse, follows a written rule:
| State | The rule for a demand | Source |
|---|---|---|
| California | A demand made before suit to settle within the policy limits, in a car, homeowner or commercial premises claim, must be in writing and stay open at least 30 days (33 if sent by regular mail). An insurer that says no must explain why, in writing, before the deadline. | Cal. Code Civ. Proc. 999.1, 999.3 |
| Florida | An insurer that tenders the policy limits, or the amount demanded if that is less, within 90 days after notice of a claim with enough evidence to support it cannot be sued for bad faith on that claim. If it does not tender, the time to sue is extended by 90 days. | Fla. Stat. 624.155(4) |
| Georgia | In a car crash claim, a written offer your attorney makes before the defendant answers must stay open at least 30 days and set a payment date at least 40 days after the insurer receives it. | O.C.G.A. 9-11-67.1(b)(1) |
| Missouri | A demand to settle an injury or death claim within the policy limits by a deadline must be in writing, cite the statute, go to the insurer by certified mail, and stay open at least 90 days after the insurer receives it. Payment can be required no sooner than 10 days after the insurer receives the signed release. | Mo. Rev. Stat. 537.058 |
| Texas | Set by a court decision, not a statute: an insurer that controls the defense must act as an ordinarily prudent person would. If such a person would have settled within the policy and the insurer refused, the insurer can be liable for the damages that follow, including a judgment above the policy limits. | Stowers (Tex. 1929) |
Read at the source on October 30, 2026; your attorney confirms how these rules apply to your claim. For funding, a demand that drew a tender is a clean place to start: the number is set, and the insurer has agreed to it.
Does the offer have to be in writing?
No. Apply when the offer comes in, even if it was made by phone. A written offer, such as the adjuster's letter or email to your attorney, is what lets us confirm the number, so if the offer was verbal, your attorney's office confirms it in an email and the review moves from there.
An offer is not yet a settlement. Until the release is signed, either side can still change course, which is why the case is reviewed as a pending case until then.
Free review with your attorney's office, no credit check, no obligation to accept.
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Funding at a glance
How is the advance sized against an offer?
From the offer, not the demand. We start from the amount the insurer has offered, take out your attorney's fee, the case costs, the liens and any funding already on the case, and base the advance on part of what is left.
The demand your attorney sent is the case's asking price; the offer is the number that can actually become a check, so it is the base we use. If a lien is still being negotiated, we use the current figure, and the estimate tightens as the lien is settled. If the offer goes up, the room for an advance can go up with it.
What holds the money between the offer and the check?
Four things: the signed release, the insurer's payment clock, the liens, and Medicare's final demand if Medicare paid for your care. Each one is routine, and each one adds time.
The insurer's payment clock starts with the settlement, not the offer. In New York a settling defendant pays within 21 days after it receives the signed release and the stipulation ending the case (CPLR 5003-a); in Florida an insurer pays within 20 days of a written settlement (Fla. Stat. 627.4265); in California the insurer pays within 30 calendar days after it accepts the claim and, when needed, gets your signed release (10 CCR 2695.7(h)). In Missouri a time-limited demand can require payment no sooner than 10 days after the insurer receives the signed release (Mo. Rev. Stat. 537.058). The rule for each of the 39 states we cover is in the table on our post-settlement funding page.
The liens are paid before your share is released. Health insurers, hospitals and providers, Medicaid and Medicare can each have a right to be repaid from the settlement, and your attorney resolves them from the trust account. A lien still being negotiated does not stop a review; it changes the estimate until the number is final.
If Medicare paid for your injury care, its number can be locked before the check arrives. Up to 120 days before the expected settlement, your attorney can notify Medicare once through its recovery portal; disputes over the listed charges are resolved within 11 business days, and a payment summary pulled within 3 days of settling becomes Medicare's final conditional payment amount, as long as the settlement details reach Medicare within 30 days. Medicare then reduces its claim by its share of the fees and costs and issues the final demand (42 CFR 411.39).
Offer to check rules
What if I reject the offer?
That decision is yours, made with your attorney. If you already have an advance, it stays in place: the case goes on as a pending case, the payoff follows the time schedule in your agreement up to its cap, and nothing is owed if the case is later lost.
One thing to ask your attorney first: whether the offer is a formal offer made after the lawsuit was filed, because those can carry a cost rule. In California, a plaintiff who turns down a defendant's formal offer and does no better pays the defendant's costs from the date of the offer (Code Civ. Proc. 998(c)(1)). In Florida, a plaintiff whose judgment comes in at least 25 percent below a rejected offer of judgment can owe the defendant's costs and attorney's fees from the offer date, set off against the award (Fla. Stat. 768.79). Those costs come out of the recovery before your share, so they matter for the advance too.
What if the offer is below my bills?
It can still be funded. What comes out of the settlement for medical care is what the liens come to after any reductions, not the face of the bills, and we base the advance on what is left after them. Apply, and we work through the numbers with your attorney's office.
Several rules lower the medical side. Medicare reduces its claim by its share of the fees and costs of getting the settlement (42 CFR 411.37). Medicaid can reach only the part of the settlement that pays for medical care (Ahlborn, 2006). Some states cap hospital liens: in Texas, a hospital lien is limited to the lesser of the charges for the first 100 days in the hospital or 50 percent of the recovery (Tex. Prop. Code 55.004). Your attorney can also negotiate provider bills and health plan liens, and more coverage changes the math: another defendant, an umbrella policy, or your own underinsured motorist coverage. If the numbers do not leave room yet, we tell you what would change that, such as a lien reduction or a higher offer.
What does the attorney's office send?
The offer letter or the adjuster's email, the demand it answers, and the lien list with the current figures. Your attorney's office sends them in one email, and you do not need to gather anything yourself.
If we have not seen the file before, the office adds what it already has: the police or incident report, medical records to date and the insurance information. If there is funding on the case already, the payoff letter comes with it. Your attorney also signs an acknowledgment of the funding agreement. Our For Attorneys page lists what we ask for at each stage.
I already have funding on this case. Can you still help?
Yes, once there is an offer or a settlement, when the payoff on the existing advance is small next to what the case will pay. In a buyout the new funder pays off the existing advance and adds new money, so it works when the case can carry both. Send the payoff letter with your application, and we look at the numbers with your attorney's office.
If your first advance came through Diamondback, call us or reply to our last email: a second advance can be added to the same case once your attorney's office sends the offer.
What does funding on an offer cost?
An advance on an offer is priced like any pre-settlement advance, and settled-case pricing starts only once the release is signed. Most agreements cap what you can ever owe. Caps start at 2x your agreement's total.
There are no monthly payments; the advance is repaid from the settlement through your attorney's trust account. Funding is provided by Diamondback Funding or one of its funding partners. Your agreement identifies the funding company and states your exact repayment terms before you sign. The full breakdown is on what funding costs.
Verified as of October 30, 2026 against the statute and regulation text published by the California Legislature, the Florida Senate, the Georgia Governor's office (enrolled acts), the Missouri Revisor of Statutes, the New York State Senate, the Texas Legislature, the California Code of Regulations, eCFR and the U.S. Supreme Court, and against the Stowers opinion (Commission of Appeals of Texas, 1929). Rules change and exceptions apply, and your attorney confirms how they apply to you.
Funding on an Offer: FAQs
Post-settlement funding advances against a case that is settled, with the release signed. Funding on an offer advances against a case with an offer or a tendered policy on the table and the release still unsigned, so it is reviewed and priced as a pre-settlement advance.
Once your attorney's office sends the offer and the case papers, decisions typically go out the same business day, and funds usually arrive within 24 to 48 hours of signing.
No. Approval is based on your case and the offer, not your credit, income, or employment.
Funding requires an attorney representing you on a full contingency fee basis who signs an acknowledgment of the funding agreement. The offer letter and the lien figures come from your attorney's office too.
Get an advance on your offer while it turns into a check
Send in your offer details and we'll review the case with your attorney's office.
Apply Now →No obligation · No credit check · Decisions usually the same business day