No response to demand letter

[JeepGirl]

What is the name of your state? Maryland

I was rear-ended last September and under a Dr.'s care until March. I have written my demand letter to the insurance company giving them 15 days to respond. It's been 7 days already and I have not heard anything. What is my next step if I do not hear from them?

[shortbus]

File a lawsuit. Because you were injured, you should probably be getting a lawyer for this.

[JeepGirl]

My total damages (not including property damage) are around $3500.00 I don't want to have to share 1/3 or 1/4 of whatever compensation I receive with an attorney just for sending a few letters.

[BelizeBreeze]

Originally Posted by JeepGirl

My total damages (not including property damage) are around $3500.00 I don't want to have to share 1/3 or 1/4 of whatever compensation I receive with an attorney just for sending a few letters.

do you honestly think an attorney is going to sue an insurance company for only $3,500?

[shortbus]

Belize, as usual, is wrong. Plenty of solo-pracititioner injury attys will work your case. You are right, it's probably a matter of sending a few letters. No, it's not a big job, but it's good pay for a couple days' work.

If you don't get a lawyer, you're assured that the ins co will give you a lowball offer. Yes, the atty takes part of your recovery, but the atty will be able to negotiate a better settlement for you. How do you know you're not undervaluing your claim? Do you know what to ask for pain & suffering? And so on.

[BelizeBreeze]

Originally Posted by shortbus

Belize, as usual, is wrong. Plenty of solo-pracititioner injury attys will work your case. You are right, it's probably a matter of sending a few letters. No, it's not a big job, but it's good pay for a couple days' work.

If you don't get a lawyer, you're assured that the ins co will give you a lowball offer. Yes, the atty takes part of your recovery, but the atty will be able to negotiate a better settlement for you. How do you know you're not undervaluing your claim? Do you know what to ask for pain & suffering? And so on.

and as usual you make an assumption based on your ignorance.

Now read my reply again and think about it.

[Country Living]

Originally Posted by JeepGirl

I have written my demand letter to the insurance company giving them 15 days to respond.

What did you tell them would happen at the end of 15 days if they did not respond?

[JeepGirl]

What did you tell them would happen at the end of 15 days if they did not respond?

I didn't tell them anything would happen. This is what I told them...
"Please respond to this demand with an offer to settle within 15 days."

Belize - I don't need your snide comments. No, I don't believe that an attorney is only going to sue for $3500. But, that was not my question. If you don't have anything worthwhile to offer, please keep your comments to yourself. I am trying to settle this claim without an attorney, but I also do not want to be taken advantage of by the insurance company.

Prior to the demand letter, the insurance company offered me $2600. I told them that was not enough and that I would put my request in writing. In the demand letter, I started high, asking for 4 x my damages of $3500 = $14,000. I was hoping they would call and negotiate, but since I have not heard from them I'm not sure what I should do next. Should I call them, send another letter, or call and speak to the adjuster's supervisor? I have not liked the attitude of this particular adjuster as she seems to forget that I am the victim of her client's negligence. I suppose that if I don't hear from them I should contact an attorney, but I also do not want to be taken advantage of by a greedy attorney.

[sanjosedriver]

I'd recommend you check the rules regarding going to small claims court in your state. I've been researching this due to my own case. Remember that you have time to research these matters and come to a conclusion. Check the statute of limitations, but you should have a minimum of two years from the time you made your claim to take legal action if you can't settle with the insurance co. on property damage and usually longer for any medical conditions. Laws vary by state so make sure you check them. Also, you have two seperate claims you could pursue: the phyical damage and repairs to your vehicle would be one and any injuries would be another. Obviously a lawyer would probably combine them to get you a bigger award if the damages or injuries were severe, but may not be an option if your not seeking a large settlement. If I am correct, you would go after the vehicle owner in small claims not the insurance company. Obviously, if the owner receives a summons to court he's going to call the insurance company screaming and threatining to sue them for not covering them.
Do your homework and research. I'd go to the library or buy some books on small claims court and also settling a claim. I bought some off a website called NOLO. Not ultra in-depth but they do contain some good info for anyone not that well versed in this whole legal mess.
First, I'd resend your demand letter and state since they did not contact you in the time you stated that you are now going to pursue any legal alternatives available to you including small claims court. Also, state that there will be no more communication from you to them on this matter until you take whatever legal action you decide or they want to offer you a settlement. Also, write that all their responses to you must be in writing on company letterhead with the appropriate adjusters name and signature and sent via US Mail. From what I read, that panics some adjusters because it traps them if they are doing anything unethical and may come back to haunt the insurance company in court. You will want to add in a copy of the police report and any witness statements if you have them. A Demand Letter is basically your way of saying that informal negotiating and talking are at an end.
Stay courteous and polite. Good luck, hope this helps a little.

[Country Living]

Originally Posted by JeepGirl

Prior to the demand letter, the insurance company offered me $2600. I told them that was not enough and that I would put my request in writing. In the demand letter, I started high, asking for 4 x my damages of $3500 = $14,000. I was hoping they would call and negotiate, but since I have not heard from them I'm not sure what I should do next. I suppose that if I don't hear from them I should contact an attorney, but I also do not want to be taken advantage of by a greedy attorney.

I don't see any facts on what was damaged so it's difficult to understand how the company came up with their $2,600 versus your $3,500. Was this a partial or total loss? Your demand for $14,000 was so out of line that the company may wind up ignoring you. You may find the $900 difference (between the $2,600 and $3,500) is going to be eaten up in court costs.

There is a huge difference in dealing with situations using the facts versus emotions and blackmail. You may have dug yourself into a very deep hole in your attempt to force them to negotiate a much higher payment. I disagree with sanjosedriver in that the adjuster is going to "panic". If this is damage to a car, all insurance companies have computer programs that allow them to calculate damage estimates. What you should have done is documented proof the value of your car (if that is what was damaged) was more than their offer.

Insurance is not a second form of income. It's meant to put you back in the position you were in immediately prior to the loss - not to improve your position or to "make better" your loss. Just because you like your car and feel it's in perfect condition doesn't mean it's seen that way from the insurance industry point of view. Trying to get four times the amount was unconscionable.

If you're interested in what you should have done, post back. Unfortunately, you may have already burned your bridges with the $14,000 demand.