Dealing with the aftermath of a serious personal injury can be an overwhelming and stressful challenge, especially when the insurance company does not respond to your demand letter. Having an experienced attorney on your side could help speed up the process and may increase your chances of success.
Besides the physical and emotional pain and suffering involved with a serious injury, there is also the possibility of financial setbacks. Some injury victims may suffer from lost income from missing work while medical bills and other related expenses accumulate.
The Albany personal injury lawyers at Roden Law know how to properly negotiate and get insurance companies to respond to demand letters. Below, we explain how most insurance companies and their adjusters think and act when dealing with a personal injury claim.
What is a Demand Letter?
A demand letter is a letter usually created by the injury victim or his or her lawyer and sent to the insurance company when the injury victim is dissatisfied with the insurance company’s initial settlement offer. This letter outlines the victim’s injuries along with the amount of compensation that is needed to cover damages related to the injury.
The other party’s insurance company could either deny or accept the terms of your demand letter. If denied, your lawyer could file a lawsuit against the other party.
If you have a viable claim, the attorneys at Roden Law could help you write your demand letter and follow up with the insurer to ensure a prompt response.
Common Reasons for Delays
Although most insurance companies will usually try to settle claims quickly to avoid spending too much time and money, they will usually try to start off with a lowball offer. These companies are successful because they look for ways to cut corners and save themselves money by not making huge payouts to injury victims.
If you are not receiving a prompt response from the insurance company, odds are because:
- The insurer thinks that your demand is much higher than what it is worth
- The insurer does not have all the necessary documents needed to assess the value of your claim
Our attorneys have extensive experience handling injury claims, so we know how to accurately calculate the value of a claim and which documents are necessary to avoid delays.
What is the Timeline After the Demand Letter is Sent?
Sending the demand letter is usually considered the jumpstart of the negotiations process. Your overall goal is to get the insurance company to agree to the terms of your demands or at least something close to it. Since no two cases are the same, the timetable could be different, depending on several factors.
If you have the assistance of a lawyer and your demands are reasonable, you could receive an immediate payment from the insurance company, however this is not common. Most negotiations between the injury victim and the insurers will take a few months before a settlement is reached.
What Should I Do If the Insurer is Ignoring Me?
Insurance companies are legally obligated to act in good faith when it comes to handling personal injury claims. This includes thoroughly investigating the details of your claim, calculating a fair settlement and responding to the injury victim and/or his or her legal representative within a reasonable time frame.
If you suspect that the insurance company is acting in bad faith, you may need to take legal action. Be sure to follow these steps before doing so:
- Save all documentation related to your injury along with all written correspondences, including emails and text messages between you or your attorney and the insurance company. Accident/police reports, medical records and other helpful evidence such as pictures of your injury should be preserved to help validate your claim.
- Reach out to a licensed lawyer for a free consultation at Roden Law to learn if you have a valid claim. If your claim is validated, our attorneys are ready to protect your rights to the full extent of the law and determine if you are dealing with bad faith practices involving the insurer.
Contact a Lawyer from Our Firm Today
If you or a loved one was injured and your demand letter is being ignored by the insurance company, schedule a free consultation with an Albany personal injury lawyer at Roden Law. Our lawyers know how to negotiate with insurance adjusters and hold them liable for any bad faith tactics.
Give us a call any time, 24-7, there are no upfront fees and no hidden obligations.