**Insurance Adjuster's Response: Understanding The Timeline After Your Demand Letter**

After sending a demand letter, the waiting game for a response from the insurance company can be challenging. While there is no legal obligation for insurance companies to respond, they usually do so in a timely manner, often within a few weeks or months. However, there is no guarantee, and responses can be delayed or non-existent. The response time is influenced by factors such as the size of the claim, complexity, pre-existing injuries, and the insurance company's internal circumstances. If a response is not forthcoming, it is advisable to follow up with the insurance company to ensure they received the letter. If there is still no response, the next step may be to file a lawsuit, keeping in mind the statute of limitations for your state.

There is no obligation for insurance companies to respond to demand letters

After a car accident, you may need to send a demand letter to the insurance company to recover the compensation you deserve. However, it is not uncommon for insurers to not respond to these demand letters. This is because insurance companies are not legally obligated to respond to demand letters. There is no law requiring them to do so.

Even though Georgia law states that the insurance company must process your claim within a reasonable timeframe, there is no significant penalty when demand letters are unanswered. The same is true in most states. While there may be an obligation to communicate with the victim within 30 days or another specified period, there is no substantial punishment if the insurance adjuster ignores a demand letter.

However, this does not happen often, as most insurance companies will respond as a matter of good business practice. They are interested in resolving injury claims as quickly and economically as possible. If you don't hear back, you can follow up with the insurance company to ensure they received your letter.

If you are unable to get a response, you can file a civil lawsuit against the insurance company for handling your claim in bad faith. This will kickstart negotiations with the insurance company, as they do not like going to court.

You can follow up with the insurance company to ensure they received your letter

Following up with the insurance company to ensure they received your letter is a good idea, especially if you have not heard back from them. There is no legal requirement for insurance companies to respond to demand letters, so it is possible that your letter may have been overlooked or sent to the wrong department. Here are some steps you can take to follow up:

• Call the insurance company: Start by calling the insurance company and asking to speak to the claims division or a claims representative. This is often the fastest way to get a response and confirm that your letter was received. Be prepared to provide details such as the policy number, the name of the insured, and the date of the accident.
• Check the insurance company's website: Many insurance companies now offer online chat or email options for customers. Visit their website to see if there is an easy way to get in touch with a representative and confirm that your letter was received.
• Send a follow-up letter: If you are unable to reach anyone by phone or email, you may consider sending a follow-up letter. However, this should be a last resort, as it may take longer to get a response. In your follow-up letter, be sure to include all relevant information, such as the policy number, insured's name, and date of the accident. You may also want to include a deadline for a response, such as "Please reply within 10 business days from the date of this letter."
• Seek legal assistance: If you are unable to get a response from the insurance company, you may need to seek legal assistance. An experienced attorney can help you navigate the process and ensure that your rights are protected. They can also advise you on any further steps you can take, such as filing a lawsuit if necessary.

Remember to keep a record of all your communications with the insurance company, including the date and time of any phone calls or emails, as well as the name of the person you spoke to. This will help you keep track of your efforts to follow up and demonstrate your diligence in the matter.

If you can't get a response, file a lawsuit

If you're not getting a response to your demand letter and other efforts to resolve your injury claim, pay attention to your state's statute of limitations. This law sets a deadline for filing a personal injury lawsuit in court, so you'll want to keep this option open. If your case is coming up against the filing deadline, get your lawsuit filed so that you preserve your legal rights to have the matter heard in court.

When you file a lawsuit, the insurance company is served paperwork that legally obliges them to respond and begin the process of resolving your case. Even if the court is not involved any further, filing a personal injury lawsuit may be necessary to get the insurance company to take your case seriously, allowing you to obtain a fair outcome.

Before filing a lawsuit, you can try the following steps to speed up the response time:

• Include all pertinent information in your demand letter to minimise the insurance company's opportunity to stall by requesting more details about your claim.
• Request a response within a specific time limit, after which you will take legal action against the at-fault party.
• Follow up with the insurance company by phone or email to confirm they received your letter.
• Contact the claims division or a claims representative by calling the insurance company.
• Check the insurance company's website to see if there is an option to email or chat with a representative.

If the insurance company still fails to respond, you may need to take more assertive steps, such as filing a lawsuit or seeking legal assistance.

Factors that affect an insurance company's response time

While there is no law requiring an insurance company to respond to a demand letter, most will respond as a matter of good business practice. However, several factors can influence the time it takes for an insurance company to respond, and these factors can vary depending on the specifics of the case. Here are some key factors that can affect an insurance company's response time:

• Size of the settlement demand: The larger the settlement demand, the more time the insurance company will likely need to investigate and process the claim.
• Complexity of medical records and bills: If there are extensive or complex medical records and bills involved, the insurance company may take more time to review and assess the claim.
• Liability dispute: If there is a dispute about who was at fault for the accident, the insurance company may take longer to make a decision.
• Policy limits: If the settlement demand exceeds the policy limits of the at-fault party's insurance, the claim will likely require additional approval and review, which can extend the response time.
• Pre-existing injuries or conditions: If the claimant has any pre-existing injuries or conditions, the insurance company may need to conduct further investigations, which can delay their response.
• Size of the insurance company and adjuster's caseload: Larger insurance companies may have more resources to respond quickly, while a smaller company or a busy adjuster with a heavy caseload may take longer to respond.
• Previous communication: If there has been prior communication between the claimant and the insurance company regarding the injuries and medical bills, the company may respond more quickly.
• Number of defendants: Claims involving multiple defendants can take longer to process and may result in a delayed response.
• Jurisdiction and location: Different states or regions may have varying timelines for insurance claim responses, and some insurance companies may be slower or faster in their response times.
• Insurance company's resources: The financial resources and internal processes of the insurance company can also impact their response time. Some companies may be more motivated to settle claims quickly to minimize financial liability.

Common responses to demand letters

There is no legal requirement for an insurance company to respond to a demand letter. However, most will respond as a matter of good business practice. If you do receive a response, it will likely fall into one of the following categories:

• Denial or rejection: The adjuster might deny your claim, stating that the insurance policy does not cover your accident or that your demand exceeds the insured's policy limits. They may also assert that you are liable for the accident, not the insured.
• Offer or counter-offer: The adjuster may initiate negotiations by making a settlement offer. This offer may be significantly lower than your initial demand, but it opens the door for further negotiation and counter-offers until a settlement is reached.
• Request for evidence: The insurance company may ask for additional evidence to support your claim, such as witness statements, medical records, or an independent medical examination (IME). Be cautious when providing evidence, and consider seeking legal advice before sharing sensitive information.
• Acceptance: In rare cases, the adjuster may accept your initial demand and settle your case. This could indicate that your claim is worth more than anticipated or that your requested compensation is lower than expected.

If you don't receive a response to your demand letter, you have several options. You can continue to follow up with the insurance company to ensure they received your letter and inquire about a timeline for a response. You may also choose to proceed by filing a lawsuit, especially if you are approaching the statute of limitations for filing a personal injury lawsuit in your state. Consulting with an attorney can help you navigate these options and determine the best course of action.

Frequently asked questions