When you file an insurance claim after an Oregon car accident, you will need to negotiate with an insurance representative to obtain a sufficient settlement. If the insurance process does not resolve in your favor, you may need to escalate your claim to a lawsuit.
Your attorney will need to draft a demand letter outlining your need for damages to the insurance company. The company will then need to respond to your demand letter and enter
When you file an insurance claim in Oregon, an adjuster to investigate your accident and determine who was responsible for the accident. If the company believes you qualify for compensation, it will make a settlement offer based on the damages you are eligible for.
However, there are many reasons why an insurance company may deny a claim, such as inconsistencies in statements, complex liability, and lack of evidence. In some cases, the insurance company may refuse to offer adequate compensation or your damages may exceed the policy limits. In these situations, you may want to file a personal injury lawsuit.
A demand letter is a document you send to a party you intend to file a lawsuit against. In your demand letter, you will explain the details of the accident and the extent of your injuries. You will also make an itemized list of your damages and their associated costs, asking for a certain settlement offer.
The insurance company will respond with a counteroffer, and settlement negotiations will begin. The company may also reject the demand letter, triggering your lawsuit. If the second round of negotiations does not result in an adequate settlement, your attorney will file a lawsuit in Oregon civil court and your case will proceed to trial.
There is no law that requires insurance companies to respond to demand letters within a certain amount of time. Each case is different, and individual insurance companies have their own policies on handling litigation threats. It could take months for the company to reply to your letter, or the adjuster may not respond at all.
To encourage the company to respond to your letter, your attorney may add language to request that the company reply within a specific time frame.
For example, he or she may add a sentence that says: “I look forward to receiving your response within 30 days.”
If you do not receive a response within 45 days of sending the demand letter, your attorney will send follow-up correspondence reiterating the inquiry and your intent to file the lawsuit.
If you still do not receive a reply after sending follow-up correspondence and attempting to schedule a negotiation, you can inform the company that you are ready to file your lawsuit. The company may respond and initiate negotiations at this stage, or your case will proceed to the courtroom.
In any legal action involving an insurance company, you need a Portland personal injury lawyer to represent your best interests.
Insurance companies often protect their business interests over the needs of injured claimants, and your attorney will work to ensure you receive fair settlement offers.
Your lawyer will also handle all correspondence with the company as well, drafting demand letters and sending follow-up responses in case the company fails to reply. Contact an Oregon personal injury lawyer to discuss your case and the next steps.