While insurance companies are not legally obliged to respond to your demand letters, they tend to do so to remain professional. It’s common for those involved in a personal injury accident to hire a lawyer and send the defendant’s insurance company a demand letter. The letter will tell your side of the story, state your initial demand amount, and use sufficient evidence to justify your demand amount. Your lawyer will also include a summary of your medical expenses in the letter. All the details of the current and future treatment will be provided so that the insurance company is aware that the damages are rightfully claimed.
The injury lawyer in Stoney Creek know that you can expect a prompt response from the insurer 99% of the time. While you won’t receive a settlement check, you’ll get a counteroffer substantially lower than your initial demand. Whatever you do, don’t accept it! You’ll have to sign a release form if you accept the offer, and you won’t be able to pursue the defendant for more money later on, even if you need it!
Remember That There is No Law Saying that Insurance Companies Have to Respond to a Demand Letter
Most insurance companies will respond to your demand letter since it’s a good business practice. It’s always a good idea to follow up with the insurance company to ensure they received your letter. While you don’t want to send another demand letter, you do want to reach out to someone in the claims office if you have made a mistake in your letter.
There’s Always a Cause of Action
You can always file a lawsuit if the insurance company doesn’t respond to your demand letter. Keep the statute of limitations in mind if you’re going to sue the company in court. The insurance company will be served the paperwork and legally required to respond to it.
The adjuster has the right to ask you questions and dispute facts. It’s common practice and allows them to determine if your initial settlement demand has merits. Some topics or issues they may discuss include:
• If the insurance policy covers the accident
• Who was liable for the accident, and what is your share of the fault?
• The nature of your injuries and how badly you were injured
• If you need the medical treatment you’re seeking and if you have any preexisting conditions.
Since these are reasonable questions, you need to provide the adjuster with reasonable answers (preferably those that you can substantiate with evidence). Doing so increases the likelihood of you getting a bigger settlement faster. Let your lawyer deal with the insurance company and negotiate the best deal for you.
