HOW LONG DOES AN AUTO INSURANCE COMPANY HAVE TO RESPOND TO A DEMAND LETTER FROM CAR ACCIDENT ATTORNEY?
Nov. 16, 2021
After an auto accident victim completes their medical treatment and recovery from the injuries suffered in the auto accident, the auto accident lawyer will collect the client’s remaining medical records and prepare a demand letter submitting the client’s claim to the auto insurance company. Once the demand letter is submitted to the insurance company, I tell my clients that normally the insurance company will respond with their first offer within 30 days, but is there any requirement in Kentucky that the insurance company respond within 30 days?
The Unfair Claims Settlement Act is a set of laws in Kentucky regulating how insurance companies must handle claims made against them. There is a provision within these laws that requires an insurance company to respond to any correspondence within 30 days. However, the reality is that most insurance companies ignore this requirement. Some insurance companies attempt to comply with the 30-day response requirement by sending a letter acknowledging receipt of the demand letter, but not making an offer or providing a substantive response. This way they have technically complied with the 30- day response rule, but they have not made an offer and the client remains frustrated.
I tell my auto accident clients that 30 days is the normal response time, but often that time can be longer and sometimes shorter depending on the schedule of the adjuster assigned to handle their claim and the schedule of the manager who may have to approve the evaluation of the claim. Having handled auto accident victim claims for over 35 years, I have learned that if I have not received an offer in 30 days, it helps to call the adjuster to let them know we are expecting their offer. It does not help to annoy the adjuster with repeated contacts, but a follow up is helpful. In rare circumstances, managers need to be contacted because certain adjusters are not responding.
If you need help with an auto accident claim, contact the Troutman Law Office and we will help you maximize your recovery.