PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

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Latest post 04-29-2011 2:44 AM by Taxagent. 4 replies.
  • 04-28-2011 12:52 PM

    • JSTUR1234
      Consumer
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    • Joined on 04-28-2011
    • FL
    • Posts 2

    Question [=?] PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

    I HAVE RETAINED AN ATTORNEY FOR A SLIP & FALL I HAD AT A LOCAL RETAIL STORE 16 MONTHS AGO. I HAVE HAD EXTENSIVE TREATMENTS WITH MY NEUROLOGIST(INJECTION THERAPY,PAIN MEDS,ETC.) AND CHIROPRACTIC TREATMENTS,WHICH I HAVE COMPLETED.I HAVE NERVE AND DISC DAMAGE ON MY MRI'S. THE DEMAND LETTER TO THE INS. CO. HAS GONE OUT AND IT'S BEEN OVER TWO MONTHS NOW WITH NO RESPONSE,IS THIS NORMAL???(HAD RECORDER STATEMENT CALL WITH INS. CO.LAST JULY 2010.)ACCIDENT WAS 12/09. PLEASE HELP ME TO UNDERSTAND THE PROCESS.  THANK YOU.

  • 04-28-2011 1:03 PM In reply to

    Re: PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

    Please turn off the caps. It's annoying, hard to read, against the rules, and the equivalent of rudely shouting.

    What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much.

    Meantime the insurance company has no real obligation to respond to the demand letter at all until you force it to by filing your lawsuit.

    The insurance company knows that there is 4 years to file a lawsuit for personal injury in Florida and it can just ignore your case until you file your lawsuit.

    What makes it worse is the Florida no-fault threshold. To successfully pursue an injury lawsuit in FL your injury must be proven to reach the level specified in the following statute:

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html

    I suggest you get back with your attorney and convince him to file your lawsuit. Otherwise the insurance company is likely to just put your case aside while it is addressing other claimants who are more persistent.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-28-2011 3:16 PM In reply to

    • JSTUR1234
      Consumer
    • Not Ranked
    • Joined on 04-28-2011
    • FL
    • Posts 2

    Re: PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

     this is to adjuster jack:i dont know what you were reading but as i stated i had a slip & fall,not an auto accident,please read and understand what you're reading before you respond!   relax , i am new to this forum and don't use the computer much,you could have told me in a respectful way  to please not use capital letters. you need some counceling i believe for some anger management issues. i wish you luck getting the help you need.

  • 04-28-2011 5:27 PM In reply to

    Re: PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

    JSTUR1234:
     this is to adjuster jack:i dont know what you were reading but as i stated i had a slip & fall,not an auto accident,please read and understand what you're reading before you respond! 

    OK. Missed the slip and fall thing. Disregard the note about the no-fault threshold. Everything else still goes.

    JSTUR1234:
    relax , i am new to this forum

    A word of advice then. When you are new to any forum, read the rules. No excuse for not doing so.

    JSTUR1234:
    you need some counceling i believe for some anger management issues. i wish you luck getting the help you need.

    And you need some counselling for your perceptual difficulties if you perceived anger in my comments. Good luck with that.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-29-2011 2:44 AM In reply to

    Re: PERSONAL INJURY DEMAND LETTER RESPONSE TIMES

    The insurance company for the retail store isn't obligated to you for anything. The obligation of the insurance company runs to its insured (the store that bought the policy). If the store was negligent (and just because you fell doesn't mean the store was negligent) and that negligence was the cause of your fall and the subsequent injuries, then the store is the one liable to you.

    You didn't say in what state the accident occurred, but if a demand was required at all before filing a lawsuit, then it was likely that the demand needed to be made of the store, not its insurance company. In any event, the insurance company has no obligation to respond and likely wouldn't respond with anything other than perhaps a token offer before you file the lawsuit against the store. Since it's been two months, that suggests it's not goin to respond. So take the next step and get your attorney to file the lawsuit.

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