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The ABCs of Dealing With Domestic Violence

Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.

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The ABCs of Dealing With Domestic Violence

What To Do After An Insurer Responds To Your Demand Letter

by Gina Hill

When you write a demand letter, you expect any of these three things to happen: the insurance company may give in to your demand, reject it or make a counteroffer. Here is what happens and how you should react to each situation:

Acceptance

The best response you can get from the insurance company is an acceptance of your demand, meaning the insurance company is willing to pay the compensation you requested. If that is the case, then all you have to do is to sign the release of reliability form. Signing the form signifies that the insurance (and by extension, the party it represents) no longer owes you anything.

Unfortunately, you shouldn't expect this form of response because it rarely happens. You may only get such a response if you asked for a very small amount (that the insurer wasn't expecting) or if it is a minor case with a standard settlement offer. In most cases, however, you should expect some negotiation.

Rejection

An outright rejection, though possible, is just as rare as an outright acceptance of your demand letter. This is because insurance companies are just like other businesses; they don't like to engage in practices in which they are likely to lose money. Since it's costly to go to trial, insurers prefer to settle their cases out of court.

If you do get a rejection, then it is likely to be because:

  • You don't have any evidence for your injuries (for example, if there are no supporting doctor's notes)
  • The company is convinced that your claim isn't genuine
  • The insurer is convinced that their client isn't responsible for your injuries

Analyze the situation with your lawyer for the best response. For example, if you wrote a poor demand letter without the necessary supporting documents, then you need to gather them and have an attorney write the demand letter. However, if your attorney's demand is rejected, and both of you are still convinced of the validity of your claim, then you can move to court.

Counter Offer

The most likely response you can get from the insurance company is a counteroffer. It isn't advisable to accept the counteroffer without conferring with your attorney first. In most cases, the attorney will engage the insurance company in a back-and-forth negotiation until the company makes its final offer.

This is why you should ask for an inflated demand when you write the demand letter. When the final offer comes, then you can decide whether to accept it or proceed to trial.

It is advisable to include your personal injury attorney from a firm like Tracy & Stilwell PC Attorneys At Law in the whole process, from writing the demand letter to accepting the final offer. That way you get to hasten the process and also avoid possible mistakes (such as accepting a lowball offer).

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