(235+)There are various ways to communicate with the insurance company during the accident claim process. The overarching principle is that you cannot trust the insurance company, and you may need to put up a show of force at times during the legal process.
One way that you may strongly assert your legal rights to the auto insurance company is through a demand letter. An experienced Philadelphia car accident lawyer at our firm can advise you when a demand letter is necessary, and we may draft the letter as your representative.
The attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers know how to fight on your behalf when you need it. Get in touch with us today.
Why You May Need to Send a Demand Letter
Your lawyer may recommend writing a demand letter to the insurance company when more formality is needed. Know that the insurance company will see the demand letter, and they will know that you mean business.
Since the demand letter is the precursor to a potential lawsuit, the insurance company will also need time to review and respond to it. However, insurance companies often add additional time to wear you down and give you an advantage in the negotiation process.
The demand letter is a legal way of telling the insurance company, “Pay me what I deserve, or else I will be forced to take further legal action.” The “demand” part of the letter is where you demand the money that you are due as part of your legal right to full compensation for your injuries.
What Information Is in a Demand Letter?
The demand letter may include the following information:
- A request for a certain amount of compensation
- Information about the accidents and the parties involved
- Evidence that shows the policyholder’s liability for the accident
- Supporting information that backs up your claim for damages
- The action that the insurance company must take, or else you will sue
You cannot submit a “templated” demand letter to the insurance company. Your letter must be thoroughly researched and supported. The whole point of a demand letter is to be persuasive and let the insurance company know that they are up against a formidable adversary.
A demand letter is a more formalized version of an insurance claim. You may write the demand letter at the beginning of the claims process. Alternatively, you may have filed a claim and are not satisfied with the response from the insurance company. Then, you may send them a demand letter to let them know that you are more than serious about pursuing your case by any means necessary.
Will My Case Settle When I Send a Demand Letter?
Although it may not be the result of the demand letter itself, most accident claims will reach a settlement agreement without the need for a personal injury trial. Both you and the insurance company have too much to lose if your case goes to a jury.
From your standpoint, you both add time and risk to the process. Lawsuits take longer to resolve, and you have the risk of getting nothing if the jury does not rule in your favor. The insurance company has a motivation to settle because they do not want to pay for their legal defense, nor do they want to face the jury.
Take the Time to Get the Demand Letter Right
What you say and include with your demand letter can determine whether you are successful in the claims process. The insurance company is always looking to manage their own risk, continuously sizing up their adversary in the case.
When you have sent a well-written and thorough demand letter, the car insurance company knows that you may have a potentially strong case in court. Thus, they may be more willing to settle your case on terms that are more favorable to you.
Your Case Will Take Time After You Send a Demand Letter
Insurance companies vary in how long they take to respond to a demand letter. Generally, the insurance company will wait longer to respond to a demand letter than they would to a claim.
Unfortunately, a lawyer cannot give an exact timetable as to when the insurance company would respond to a demand letter. An attorney can explain how certain insurance companies generally tend to respond from their own experience. However, the estimate for a response time would generally range from a few weeks to a few months.
The insurance company cannot rush, because the demand letter is the precursor to the possibility of litigation. They need to perform a thorough review of your claim and situation to provide a response that protects them from potential liability.
In addition, the insurance company may think that time is on their side in a car accident claim.
They know that they are the ones with the large bank account, and you are the ones who are struggling to pay your bills. Because of this, the insurance company may try to wear you down in settlement negotiations and make you more desperate to accept what they are offering.
When you hire an experienced attorney, you are more likely to put up a stronger showing for yourself in the legal process and less likely to make mistakes because you are desperate. The insurance company does not have the same ability to push you around when you are represented by counsel.
Contact a Philadelphia Car Accident Lawyer Today
Since you cannot fight the insurance company effectively on your own, you need legal firepower on your side. The attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers will take the insurance company on for you. We’ll send a demand letter to the car insurers on your behalf. We’ll engage in negotiations. We’ll make demands in your favor up to trial if we have to.
To speak with one of our lawyers and get a complimentary case review and strategy session, you can message us online, or you can call us today at 215-274-0173.
