Once a demand packet in a large auto accident has been sent to the insurance company, what time frame should I have a response?

1 views 8 answers
I was a passenger in a car that was hit by a commercial truck. No question of fault. Im a 28 year old with no prior medical problems. This accident resulted in me needing spinal surgery and over 100,000 dollars in medical bills. Its been 3 months since my attorney has sent a demand packet and to my knowledge no offer and no communications has be made. My attorney would not and still will not discuss the figure he put in the demand packet.

Attorney Answers

8
Todd Taylor ·
I agree with the other attorneys in that it seems your attorney should be communicating better. I GENERALLY receive a response to demand letters within 2-4 weeks. When dealing with commercial insurance policies (rather than just an individual's car insurance policy) the response time can be significantly longer. This response, however, is not always an offer - it is sometimes a request for additional time or for additional information, etc. I would suggest talking to your attorney. Ask for a copy of the demand letter - there is not a reasonable reason to keep this from you.
0 upvotes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
A lawyer should discuss everything with you, and if he doesn't, you have the right to fire your lawyer by sending a termination letter. An aggressive lawyer would have followed up on the demand within a few days.
0 upvotes
Lloyd Kelso ·
Your attorney should have consulted with you about the amount of your claim before presenting it to the insurance company. What if he/she failed to make demand for enough money? You should demand to know or find a new attorney right away.
0 upvotes
John Milholland ·
Email - Rated Professionals. Expert Advice.Response times can vary for hearing back from demand packages. Extensive injury cases can easily take several months. The adjustor(s) have to do their due diligence in reviewing the injuries and medical records provided. Never-the-less, you should know what was sent to them and your attorney should maintain adequate client communication. ***disclaimer*** This response does not create an attorney client relationship. It is based on the limited facts presented. Additional or different facts may result in a different response. This response applies only to the jurisdiction where Locke is licensed to practice, North Carolina.
0 upvotes
Michael Rothrock ·
It depends. It is not unusual in my personal experience for it to take several weeks for an adjuster to review a demand package and make an offer. Sometimes, it takes less time. Other times, for a wide variety of reasons, it could take longer. It could be an issue of phone tag. By nature of the profession, both lawyers and adjusters spend a large part of the day on the phone and can have problems connecting. The adjuster could have been reassigned, they could have increased files that are higher priority due to a major casualty loss like a hurricane, etc. Some adjusters are just bad at their jobs. Talk with your current lawyer, rationally and calmly, about your concerns and expectations and come to a mutual understanding of what to expect and any complications in the case that could be causing a delay. They are in a far better position to address your concerns and answer your questions than anyone on because they know the most about your case. If your lawyer truly, absolutely, is refusing to talk to you, then consider whether you should keep him as your lawyer after you first find out why he hasn't called (maybe he's been in trial, sick, etc.).
0 upvotes
Michael Shemtoub ·
Your attorney has to discuss your case with you. As is it is "your case"! If you feel that he is not representing you in the right form then... FIRE him and get another attorney! I would not sign any papers or agree to any settlement that you did not completely understand or agree with. I would suggest you immediately settle this with your attorney or find a new attorney. Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at [email protected] www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see 's terms and conditions of use, specifically item 9, incorporated by this reference
0 upvotes
Bradley Coxe ·
First, your attorney has an ethical obligation to communicate with you and give you information to make an informed choice on your lawsuit (for example, the amount of an offer): Rule 1.4 Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(f), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Second, I put in demand letters a deadline for response, after which I follow up. Unfortunately, there is not much you can do to force a response, other than filing a lawsuit.
0 upvotes
William Owens ·
1) 3 months is a long time to wait for a response; however, there may be circumstances that reasonably explain the delay. In a commercial case w/ $100K in meds, the stakes can be quite high. The insurance company may be having your surgical and other records reviewed by their own expert witness to determine whether they concur with your statement that the surgery was a result of the collision. The adjuster may simply be backlogged. He/she may be waiting on authority from their manager or management team (in the case of a tractor trailer). 2) No matter what the reason for the delay, your attorney should explain this to you, assuming he/she knows. 3) Biggest Issue: You should have a copy of the package that was submitted to the adjuster. Further, you should be involved the process of developing the demand amount. While it is not uncommon to submit a settlment package without including a dollar demand (let the adjuster take the first shot), if a demand is going to be made, you as the client should have input in this amount. In developing this figure, you need to rely on your attorney's advice based on experience w/ similar cases (afterall, that's why you hired him/her in the first place); however, you should be involved in the process. I would suggest a face to face meeting w/ your attorney to make sure everyone is on the same page. Good luck with everything. William Owens Owens & Miller, PLLC 4030 Wake Forest Road, Suite 101 Raleigh, NC 27609 Phone no: (919) 719-2750 Fax no: (919) 516-0063 www.owensmiller.com
0 upvotes