How long does in insurer have to respond to a demand letter?

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Latest post 08-22-2010 9:47 AM by Abartman. 7 replies.
  • 08-10-2010 12:37 PM

    • Abartman
      Consumer
    • Not Ranked
    • Joined on 07-12-2010
    • FL
    • Posts 13

    How long does in insurer have to respond to a demand letter?

    Hi, I've asked a few questions here before, but can't find the original post.  But this is an easy question I think:

    When a demand letter is sent to an insurer, is there a timeline they must follow? For example, do they have to reply within "x" amount of days from the original submission? I have heard it's something like 35 days, because they can't just sit on the letters.  But I can't find it by searching with Google.  Attorney is out of town for a week, can't ask her.

    Thanks!

  • 08-12-2010 11:00 PM In reply to

    Re: How long does in insurer have to respond to a demand let...

    From my understanding if they don't respond in 30 days, then it is void. which means your offer is Off the table.

  • 08-13-2010 12:42 AM In reply to

    Re: How long does in insurer have to respond to a demand letter?

    Actually, there is no statutory requirement in Florida for any insurance company to respond to a third party liabiity claim in any particular time frame or even respond at all.

    The insurance company is free to ignore your demand letter if it so desires. So, yes, it can just sit on the letters and at some point you are entitled to file a lawsuit against the other driver.

    The general practice is that the liability carrier will respond to the demand letter when it gets to it, which could be in the amount of time it takes to get to it on the pile that it's in with all the other demand letters.

    Depending on the backlog, could be 60 or 90 days, or even more. Could be less.

    waterbug2:

    From my understanding if they don't respond in 30 days, then it is void. which means your offer is Off the table.

    Absolutely wrong. And I'd like to know where you got that understanding so I can disabuse you of it.

    The demand for X dollars is never void and is always on the table until the claimant rescinds it or the insurance company rejects it. And even if the insurance company rejects it, one can still use that amount as the basis for the lawsuit.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-13-2010 10:31 AM In reply to

    Re: How long does in insurer have to respond to a demand let...

    Hi AJ,

    Yes, I was only speculating(which I disclaimed by say from what I hear) and I did not word it correctly, it is "off the table" If the "reject" the offer Or do not respond when given a specific time in the demand letter ie"  "You have 30 days to respond or Party will file suit" the main  point I was trying to make is that they don't have to respond at all. 

    We try our best to help, just like you tried to answer the question about Doctors & copays but fell completly flat

     

     

     

     

     

  • 08-13-2010 10:51 AM In reply to

    Re: How long does in insurer have to respond to a demand let...

    waterbug2:
    Or do not respond when given a specific time in the demand letter ie"  "You have 30 days to respond or Party will file suit"

    Ah, that explains it.

    However, that's still not the same as saying the demand is void.

    The claimant/attorney still has to take some action to rescind the demand whether suit is filed or not. It's not automatic.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-13-2010 10:57 AM In reply to

    Re: How long does in insurer have to respond to a demand let...

    your Right AJ, it is only void If they "reject" or don't respond to a stipulated time,

    and I "believe" (?) works both ways too, the same can be said of an offer?

     

  • 08-13-2010 11:38 AM In reply to

    Re: How long does in insurer have to respond to a demand let...

    waterbug2:

    and I "believe" (?) works both ways too, the same can be said of an offer?

    Yes.

    But you can't really cubbyhole any of this.

    An insurance company typically doesn't put a deadline or any conditions on an offer. They can just leave it out there forever until there is a response or a lawsuit.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-22-2010 9:47 AM In reply to

    • Abartman
      Consumer
    • Not Ranked
    • Joined on 07-12-2010
    • FL
    • Posts 13

    Re: How long does in insurer have to respond to a demand letter?

    My attorney has worrked with this adjuster before, and mentioned once that he expects she'll respond within a month, if the past is any indication. We will see I guess.

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