Key Takeaways
Your deadline to sue does not pause while an insurer ignores your demand: two years from the injury in Georgia (O.C.G.A. § 9-3-33) and three years in South Carolina (S.C. Code § 15-3-530). In a Georgia motor-vehicle case, a demand prepared with a lawyer is a pre-suit offer under O.C.G.A. § 9-11-67.1 and must give the insurer at least 30 days to accept and at least 40 days to pay. Neither state sets a statutory deadline for the other driver's insurer to answer a demand. The bad-faith penalties in O.C.G.A. § 33-4-6 and S.C. Code § 38-59-40 apply only to your own insurer; against the other driver's insurer, the remedy is a lawsuit against the driver, not a bad-faith claim. Unfair claim practices, such as failing to acknowledge claim communications with reasonable promptness, can be reported to the state insurance regulator.
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 Georgia and South Carolina 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 the written settlement demand your lawyer sends the insurer to open negotiations: it sets out fault, your injuries, the records behind them, and the amount that will resolve the claim.
In a Georgia motor-vehicle case, a demand prepared with a lawyer is a pre-suit offer under O.C.G.A. § 9-11-67.1. It must give the insurer at least 30 days to accept and at least 40 days to pay, list exactly what is being released, and enclose the records the insurer needs to evaluate the claim. South Carolina has no equivalent statute; a demand there is an ordinary written offer.
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
If you are not receiving a prompt response from the insurance company, it may be 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.
In Georgia the insurer has at least 30 days to accept a § 9-11-67.1 offer and at least 40 days to pay. Neither state sets a statutory deadline for the other driver’s insurer to answer a demand, and silence does not pause your deadline to sue: two years from the injury in Georgia (O.C.G.A. § 9-3-33), three years in South Carolina (S.C. Code § 15-3-530).
What Should I Do If the Insurer is Ignoring Me?
Georgia (O.C.G.A. § 33-6-34) and South Carolina (S.C. Code § 38-59-20) list failing to acknowledge claim communications with reasonable promptness, refusing to pay without a reasonable investigation, and failing to attempt a fair settlement once liability is reasonably clear as unfair claim practices. The state insurance regulator enforces those rules; they do not let you sue the other driver’s insurer directly.
The bad-faith penalties, Georgia’s O.C.G.A. § 33-4-6 (up to the greater of 50% of the insurer’s liability for the loss or $5,000, plus attorney’s fees, after a 60-day demand) and South Carolina’s S.C. Code § 38-59-40 (attorney’s fees after a 90-day demand), apply only to your own insurer, such as a med-pay or collision claim. Against the other driver’s insurer, your remedy is a lawsuit against the driver, not a bad-faith claim. Whichever applies, take these steps:
- 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 whether you are dealing with bad faith by your own insurer or unfair claim practices by the other driver’s.
- File a complaint with the state insurance regulator if the silence continues: the Georgia Office of the Commissioner of Insurance and Safety Fire or the South Carolina Department of Insurance.
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 a Georgia or South Carolina personal injury lawyer at Roden Law. Our lawyers know how to negotiate with insurance adjusters, frame a demand the insurer cannot safely ignore, and file suit when they do.
Give us a call any time, 24-7, there are no upfront fees and no hidden obligations.
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