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  1. #1
    Taffycat Guest

    How long for a response to demand letter?

    Normally, how long does it take before you get a response from a demand letter for settlement?

    I have heard that the at fault insurance company only has 30 days to respond. Is this true?

    Our attorney is still gathering documents from doctors, etc. and hasn't put a value on our case just yet. We are told that he should be able to send a demand letter before the end of the year.

    We're certainly not expecting a windfall, with medical only around $13K, but it would be nice to have an idea of a settlement timeline.

    I have 4 bulging disks, along with newly discovered arthritis and my husband has 1 bulging and 2 ruptured. Surgery "could" be in the future, but it's not something either of us wants to do for now. We just want to move on and close another chapter, so to speak. We got the impression that the attorney wanted to ask for $100K each. Isn't that a bit much?? I really don't see this going to trial.

    By the way, no question that the other driver was at fault. She was cited, they covered the auto promptly, etc, etc.

    So..... If we get a response back from the at-fault around late January, and more than likely counter, would we hear back around the end of Febuary and then settle, say beginning of March? Or just how DOES this all work.

    The paralegal at our attorney's office will only tell us "If we knew all that, we'd be very rich". She won't give us any idea of a timeline.

    Anyone??
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,166
    My response:

    You said - -

    "I have heard that the at fault insurance company only has 30 days to respond. Is this true?"

    It's a "rule of thumb", not a law. Your state may have a specific insurance code on this subject, like California. But, for the most part, the code talks about "reasonable" time, and making a "reasonable" offer. It is the nebulous word "reasonable" in the code that causes the litigation - - as plaintiff's counsel, my definition of "reasonable" invariably differs from that of the insurance company.

    As for the rest of your post, your attorney's paralegal is correct. Unless someone has a crystal ball in their office, there is no set "timeline" that a settlement might be made. While personal injury cases are settled in virtually 90% or more of the time, you may, in fact, go through the entire litigation process and be ready to go to trial, when on the courthouse steps, a settlement offer is made and accepted.

    It happens all the time.

    Try not to second guess your attorney, especially when it comes to the "numbers." Your attorney is familiar with your community, and the jury verdicts or settlements made in your location. For example, the injuries you and your husband have suffered may be worth more in Los Angeles - - only because I know, from experience, that Los Angeles verdicts and settlements for such injuries are typically higher than the numbers your attorney is considering. He knows. He's been there. Be patient.

    IAAL

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