San Francisco, CA asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California

Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

5 Lawyer Answers

A: Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your mouth is” by retaining a lawyer to pursue your claim.

A: They aren't taking you seriously because either: 1.) you are not an attorney, or 2.) your claim is baseles or weak, or 3.) both. Get a consultation from an attorney and hire him/her if they are willing to take your case.

A: Yes it is common. If it's not done to there specifications they ignore knowing they have covered their you know what. I get clients coming to me with a short time until the statute runs because they thought the insurance company would treat them fairly. The insurance companies hope people don't get an attorney so they can take advantage of them. They stay just inside the law but really are your enemy. Their training manuals teach the adjusters to treat people really nice so they don't get an attorney and then they make out like the bandits they really are. You should get an attorney right away. You will make more with an attorney then you will without one - statistics show.

A: Yes, depending on the carrier. Some will not engage in any dialogue on a claim unless it is placed into suit. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It's not uncommon for demand letters to be ignored or for the defense to delay a response, especially if they believe the sender may not follow through with legal action. To encourage a response, you may want to consider sending a follow-up letter via certified mail, which creates a record of their receipt of your communication. If the issue persists, filing a suit might become necessary to show that you are serious about pursuing your claim, but remember that this step should generally be considered a last resort after exhausting other avenues for resolution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.