How long it take insurance company to respond?
Posted on Jan 27, 2012 with Comments 3
Jay-!!<> asked:
How long do it take an insurance company to respond?
Dixie Peon
How long do it take an insurance company to respond?
Dixie Peon
Filed Under: Law & Ethics
It depends on the details of your case and how much you may also be responsible for your injury, if it was forseeable. Usually in premises liabilty the injured person also has some culpability, like not watching where they are going. You need to ask your lawyer these questions.
Generally, an insurance company will respond within one or two days after they receive the demand letter or lawsuit, but only acknowledging they have received it. If it’s an actual lawsuit they have 30 days to answer in state court plus 3 days for mailing–so it’s late after 33 days and you can seek a judgment by default. They have 20 days to answer in federal court, but your case is probably in state court. If you have a strong case, they will try to settle it quickly without turning it over to their attorney. Depending on the state, only 5-10% of these cases go to trial. In my state, you would be sent to mediation or settlement facilitation after the case is filed and answered. Their normal defense is that you should have seen the object that caused you injury and they often try to assess some of the blame on you for not paying attention. In my experience, that defense has limited success unless you were injured by an object that was large and clearly visible.
Q. How long do it take an insurance company to respond?
A. It depends upon the company, but usually a matter of days, if the company is at all reputable.
Q. how long do it take for a insurance co. to respond to your lawyers after receiving the lawsuit papers?
A. The correct answer to this is not as listed above. The time limit for a response is defined by the procedural law governing the court in which the case was filed. In some courts it can be as little as seven days, in others it can be 45. Your mileage will vary, depending upon the court involved.
Q. Is it true if you have a hard case and their client is at fault for your injury(premises liability) they will settle with your lawyer to avoid court?
A. Most companies will try to settle any claim, because it’s prudent to assess a case in which you have liability and pay the liability, rather than tack on legal costs. However,if there is a disparity in the amount of your claim as compared to the physical damages – if there’s a big pain and suffering or punitive amount, you can expect some resistance.