What to Do if Insurance Won’t Respond to Demand Letters (2024)

What to Do if Insurance Won’t Respond to Demand Letters (1)

After a car accident, you may need to send a demand letter to the insurance company to recover the compensation you deserve. Unfortunately, it is not uncommon for insurers to not respond to these demand letters.

Thankfully, when you have an experienced car accident lawyer working for you, you can figure out your next steps and show the insurance company you are taking your case seriously. Here is more about what to do if you have yet to receive your demand letter response from the insurance company.

Insurers Do Not Need to Respond to Demand Letters

It should be noted that insurance companies are not legally obligated to respond to demand letters they receive after a claim is filed. Even though Georgia law states the insurance company must process your claim in a reasonable amount of time, there is no significant penalty when demand letters go unanswered.

However, your attorney will be ready to take action against the insurance company if they refuse to give your claim the attention it deserves. This might be by filing a civil lawsuit against the insurance company if they continue to handle your claim in bad faith.

Potential Responses to Your Demand Letter

There are several ways the insurance company could respond to your demand letter once they have completed their investigation into your claim. These potential responses include:

  • Making a counter-offer
  • Rejecting your claim
  • Accepting your demands as described in your demand letter

The Counter-Offer

After receiving your demand letter, the insurance company may make a settlement offer. Although this offer may be significantly less than you initially demanded in your letter, it is a good start as you attempt to get the most out of your car accident claim.

The insurance company will lose money by paying out on your claim, so you can expect the insurance adjuster to do what they can to reduce this loss. If they can offer significantly less than your claim is worse, they could protect their profit loss.

However, the insurance company’s profits are not your problem. Your car accident lawyer will be ready to continue negotiating with the insurance company until we reach a reasonable settlement that sufficiently meets your needs.

If you receive a quick counter-offer to your demand letter, this may be a sign that the insurance company recognizes the value of your claim. If the insurer can tempt you into accepting less due to your need for financial support, they could get away with settling for less than the value of your claim. For this reason, never accept a settlement offer from the insurance company without first reviewing it with your car accident attorney.

Rejecting Your Demands

The insurance company could reject your demand letter altogether. If the insurance company sends you a rejected letter, you may initially feel defeated and have little desire to move forward with an appeal. However, with help from your car accident lawyer, we can send the insurance company a counteroffer, complete with additional supporting evidence and other information that could result in a decision reversal.

One of the top reasons car accident demands are rejected is because the liable party argues the injury victim shares the blame for their damages. However, since Georgia is a modified comparative negligence state, sharing fault does not prohibit you from recovering compensation through an insurance settlement. It will reduce the compensation you can win, but the insurance company should not reject your payment demands.

Accepting Your Demands

In rare instances, the insurance company may accept your demands as outlined in your demand letter. However, insurance companies are profit-driven and can only pay out on your claim if they are explicitly required. Generally, your attorney can secure a reasonable settlement offer after negotiating back and forth.

Suppose the insurance company does accept your demands. In that case, this may be a sign that your claim is worth substantially more or the amount you request is significantly less than the insurance company expected to pay.

Factors Impacting How Long It Takes the Insurance Company to Respond

Multiple factors could influence how long the insurance company responds to your demand letters. Some insurance companies respond to demand letters within one week. Others take several months before receiving a response.

Some factors that determine how long it takes the insurer to respond to your demand letter include:

  • The insurance company’s resources
  • The amount of compensation you are seeking
  • The details of the policyholder’s insurance policy
  • Whether you have previously corresponded with the insurance company
  • The evidence included in your demand letter
  • Whether multiple parties share liability

The insurance company may attempt to delay the processing of your claim by refusing to respond to your demand letter, only to turn around and make an insulting settlement offer. They may do this to tempt you into accepting less than your claim is worth.

If you receive a settlement offer from the insurance company, be sure to discuss the offer with your car accident attorney before you accept. This way, you can gain insight into the actual value of your claim and avoid being tricked into being taken advantage of by profit-driven insurers.

What to Do if the Insurer Does Not Respond

In the event the insurance company does not respond to your demand letter, there are some steps you can take to take action. Including:

  • Keeping an open line of communication and continuing to reach out to the insurance company at least once every week
  • Contacting your insurance adjuster supervisor
  • Mentioning to the insurance adjuster that you have concerns they are handling your claim in bad faith
  • Filing a complete with the Georgia state office of insurance and fire safety
  • Contacting a car accident lawyer for help holding the insurance company accountable

For a free legal consultation, call

404-400-4000

Contact a Car Accident Attorney for Help Today

Unfortunately, car insurance claims can be notoriously tricky. This is partly because insurers lose money by settling claims and think they can escape their financial obligations by ignoring or not responding to demand letters.

Take action against the insurance company and be proactive with your claim. Reach out to a dedicated car accident lawyer at John Foy & Associates for the legal support you need when you need it most. Please fill out our online contact form or call us to get started on your insurance claims as soon as today.

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What to Do if Insurance Won’t Respond to Demand Letters (2024)

FAQs

What to Do if Insurance Won’t Respond to Demand Letters? ›

Insurers Do Not Need to Respond to Demand Letters

What to do if there is no response to a demand letter? ›

If you sent the other party a demand letter (and a final demand letter) and are still unable to resolve your dispute you may want to consider suing them in small claims court (review our 50-State Guide to Small Claims). Small claims courts handle various types of cases at a low cost.

Can you sue an insurance company for ignoring you? ›

You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.

What if my insurance company is slow to respond? ›

Consequences of Delays: If an insurance company fails to respond within the stipulated time, they might face penalties, interest on claim amounts, or even legal action. As a policyholder, knowing your rights and the potential consequences for the insurer can be a powerful tool in ensuring timely responses.

When an insurance company does not respond? ›

Hire an Insurance Dispute Lawyer

If an insurance company is ignoring you, you have options. For example, you may be able to seek benefits from your insurance carrier instead. Claim subrogation could yield faster results. Then, your insurer can take up a claim with the other carrier for reimbursem*nt.

Can a demand letter backfire? ›

Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!

What happens if insurance doesn't respond in 30 days? ›

Insurers Do Not Need to Respond to Demand Letters

However, your attorney will be ready to take action against the insurance company if they refuse to give your claim the attention it deserves. This might be by filing a civil lawsuit against the insurance company if they continue to handle your claim in bad faith.

What happens if an insurance company takes too long? ›

As long as you make your claim within two years, you should be owed a timely and efficient decision on your claim — if not, you may be able to file a bad faith lawsuit against the insurance company for the original settlement amount plus any applicable penalties.

Why do insurance companies ignore you? ›

Insurance companies may ignore even valid claims for a range of self-serving reasons: They want to avoid paying out money whenever possible to maximize profits. They are chronically overwhelmed and disorganized with high claim volumes.

Why do insurance companies drag out settlements? ›

Dragging Out a Case

The insurance company knows that you need money. It might want to wear you down by delaying settlement so that you give up and accept a lower offer so that you can get money in your pocket. The other reason for delaying a case might be to create a statute of limitations defense.

How long does insurance take to reply? ›

15 days to acknowledge that they received the claim, as well as send over instructions to the policyholder concerning what to do next. 40 days to make a decision concerning the claim after the policyholder filled out all necessary forms. 30 days to make a final payment to the policyholder.

How long does it take for insurance to negotiate? ›

Insurance companies do not like to pay out much on injury claims, so it might take time to negotiate. Most of the time, settlement negotiation takes a few weeks or months after getting the first offer.

What is a policy limit demand letter? ›

A policy limit demand letter is intended to provide the insurance company the chance to protect its insured from paying an excess verdict. In the event that the insured's policy limits are unknown, an experienced personal injury attorney will request that the insurance company reveal the limits.

What is a demand letter to an insurance company? ›

A demand letter is the paperwork sent to an insurance company or liable party outlining an accident, who is legally responsible, and the value of the victim's claim. This document usually begins settlement negotiations after a car accident or other personal injury.

What is a counter offer on a demand letter? ›

Keep in mind that the acceptable amount of your counteroffer should be less than you originally requested in your demand letter. This will show the insurance company that you are willing to compromise. Don't set your counteroffer too low, though.

How long does it take for someone to respond to a demand letter? ›

The answer to this question depends on many things. These include whether the person getting the letter wants to work together and how complicated the problem is. Sometimes, you may receive a response to a demand letter within a few days. On other occasions, it may take a few weeks or even longer.

Can an attorney ignore a demand letter? ›

Ignoring civil demand letters may be tempting. But don't. Here's why: Firstly, you will very likely end up in a lawsuit and miss the opportunity for early resolution.

What not to say in a demand letter? ›

Don't Be Threatening

The use of threatening or insulting language may embolden the owner into not paying when they otherwise would have. And remember, a judge may one day look at this letter in court. Don't let your demand letter be a poor representation of you or your company.

How effective are demand letters? ›

How successful is a demand letter? Demand letters are an effective way to give notice of intent to take legal action and can be a necessary step before filing a lawsuit. They can provide a successful solution based on a federal act or state statute.

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