Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need advice about your specific case, consult a licensed Florida attorney.
Detailed answer: What timeline should I expect for an initial insurance offer after sending a demand (Florida)?
There is no single fixed deadline in Florida that forces an insurer to issue an initial settlement offer after you send a demand in most third‑party liability cases. The time to an initial offer commonly ranges from a few weeks to several months. How long it takes depends on key factors described below.
Typical timeline benchmarks
- First 1–2 weeks: Insurer receives the demand. Most carriers will acknowledge receipt quickly (often within days) and log the file. They may request medical authorizations, billing records, wage documentation, police reports, or vehicle estimates.
- 2–6 weeks: Investigation and records collection. The company obtains medical records, medical bills, hospital records, repair estimates, and any recorded statements. If liability is straightforward and damages are documented, many insurers will evaluate and sometimes make an offer during this period.
- 6–12 weeks: Common window for an initial offer in moderately complex claims. If liability needs more investigation (accident reconstruction, multiple parties, surveillance, prior medical records), the insurer may take longer to develop an offer or to issue a reservation‑of‑rights or denial.
- 3 months or more: Complex claims, disputed liability, serious or catastrophic injuries, or claims involving policy limits/coverage disputes can take several months or longer before an insurer makes a substantive offer. Some files remain in active investigation for six months or more.
Why response times vary
- Completeness of your demand: An organized demand packet (demand letter, itemized medical bills, medical records, lost wages proof, photos, repair estimates) speeds review.
- Liability clarity: If fault is obvious, the insurer will focus on damages. If fault is contested or multiple potential tortfeasors exist, the insurer needs more investigation.
- Medical development: Insurers generally want to see medical treatment reach a reasonable point (so future care and permanency can be estimated). Early demands after the first weeks of treatment sometimes get only preliminary offers.
- Coverage and limits: If the claim approaches policy limits or there is a question about whether coverage applies, the insurer will take extra time and may bring in coverage counsel.
- Multiple insurers or subrogation issues: Coordination among carriers or lien/subrogation inquiries can slow an offer.
- Company practices and workload: Different carriers and adjusters have different internal timelines and caseloads.
What you can and should do to shorten the timeline
- Include a clear demand amount and the basis for it (itemized economic losses, medical summaries, photos, lost‑wage proof).
- Attach or authorize release of medical records and billing—don’t make the insurer request them separately.
- Provide clear evidence of liability (police report, witness statements, photos) if available.
- Set a reasonable deadline in your demand for response (for example, 30 days) but understand that a deadline is not a legal rule unless a statute or contract creates one.
- Follow up politely and promptly to inquiries from the adjuster; return calls and supply missing documents quickly.
- Preserve key deadlines that affect your ability to sue—Florida’s statute of limitations governs when you must file suit if you do not settle. For most negligence claims, that period is set out in Florida Statutes §95.11. See: Fla. Stat. §95.11.
Common insurer responses after a demand
- Request for more records: The insurer asks for outstanding documents or medical authorizations.
- Reservation of rights or coverage questions: Insurer says it is investigating coverage issues; this can delay settlement discussions.
- Preliminary or low offer: The insurer makes an initial offer that may be less than your demand; many negotiations start here.
- Denial: The insurer denies the claim or liability—this typically leads to negotiation, demand for appraisal (in property cases), mediation, or filing suit.
If you haven’t received an offer within a reasonable time
- Follow up with a polite written inquiry to the adjuster summarizing outstanding documents and asking for a status update.
- If an insurer ignores a complete demand and approaches the statute of limitations, consider filing suit to preserve your rights. The statute of limitations for many Florida negligence claims is described at Fla. Stat. §95.11.
- Consider involving counsel. An attorney experienced with Florida insurance claims can send a formal demand, manage negotiations, and advise about presuit requirements or filing suit.
Helpful hints
- Send a demand only when you can document damages sufficiently—too early often yields a low offer.
- Include signed medical record authorizations to avoid delays caused by records requests.
- State a reasonable response timeframe in your demand (e.g., 30 days), then follow up if the insurer does not respond.
- Keep copies of everything you send and a record of communications (dates, names, summaries of calls).
- Track the statute of limitations for your type of claim and file suit before it expires if the insurer won’t resolve the claim—don’t rely on continued negotiations alone to protect your right to sue. See Fla. Stat. §95.11 for limitations information: https://www.flsenate.gov/Laws/Statutes/95.11.
- If the claim involves property (home, auto) consider appraisal clauses or property‑specific timelines in the policy; consult the policy language or counsel.
- When an insurer’s initial offer is low, present a clear rebuttal packet: a concise demand, itemized damages, medical narratives, and a settlement rationale.
If you want, provide brief facts about your specific claim (injuries, medical treatment so far, liability issues, insurer responses) and I can outline a likely timeline and checklist of what to include in a demand packet.