Timeline for an initial insurance offer after sending a demand (Louisiana)
Detailed answer — What to expect and why timelines vary
After you send a written demand to an insurer in Louisiana, there is no single fixed number of days that guarantees when an insurer must make an initial offer in every type of case. Instead, expect a range of responses depending on the type of claim, the insurer’s investigation needs, applicable law, and the strength and completeness of your demand.
Typical timelines (realistic, but not guaranteed):
- Immediate acknowledgment (0–10 days): Most insurers will send a short letter or email confirming they received the demand and outlining any documents they still need.
- Initial factual review and requests (10–30 days): The insurer usually investigates the claim, requests medical records or repair estimates, and may ask for additional supporting documents. If your demand included full documentation, this phase shortens.
- First substantive response or opening offer (30–90 days): For many personal-injury and property claims, insurers often make an initial offer within roughly one to three months. That offer may be a full settlement, a partial offer, or a low opening number designed to start negotiation.
- Further negotiation, appraisal, or mediation (60–180+ days): If the initial offer is insufficient, negotiation, informal appraisal, or mediation can extend the process several more months. Complex liability disputes or large claims commonly take longer.
- When litigation becomes likely (90+ days or earlier if unresponsive): If the insurer refuses to respond or rejects a reasoned demand in bad faith, you may consider filing suit. For personal-injury cases in Louisiana, remember the one-year prescriptive period to sue under La. Civ. Code art. 3492 — don’t let time run out while negotiating.
Legal and practical factors that change the timeline
- Type of policy and claim: Auto-bodily-injury, homeowners, commercial or uninsured/underinsured motorist claims follow different internal procedures and deadlines.
- Completeness of your demand: A clear demand package (medical records, bills, estimates, photos, police reports) speeds things up.
- Liability disputes: If the insurer disputes who was at fault, expect a longer investigation and slower offers.
- Policy limits and multiple insurers: When multiple carriers or layers of coverage are involved, coordination delays are common.
- Statutes and duties: Louisiana insurance law (La. Rev. Stat. tit. 22) imposes duties of good faith and fair dealing on insurers and prohibits unfair settlement practices. Those duties affect how an insurer must investigate and respond. See Title 22 of the Louisiana Revised Statutes at the Louisiana Legislature website: https://www.legis.la.gov/.
- Prescriptive deadlines: For personal-injury claims, Louisiana’s one-year prescriptive period to sue (La. Civ. Code art. 3492) can make prompt action critical. See the Louisiana Civil Code at the legislature site: https://www.legis.la.gov/.
What an initial offer typically looks like
An initial offer may be:
- A full settlement for the amount you demanded;
- A partial offer covering some losses (for example, damages but not pain and suffering); or
- A low opening number paired with a statement disputing liability or damages.
Insurers commonly start low to leave room for negotiation. A low first offer is normal; evaluate it against medical records, repair estimates, lost wages, and non-economic losses before accepting.
When to push for a faster response or take next steps
- If the insurer does not acknowledge the demand within 10–14 days, send a polite follow-up asking for an estimate of their review timeline.
- If they request but never receive records you’ve already provided, resend them and ask for written confirmation of receipt.
- If 30–60 days pass without a substantive response, consider a written demand for a response by a specific date (often 10–14 days) before you pursue other remedies.
- If you believe the insurer is unreasonably delaying, denying coverage without a reasonable basis, or acting in bad faith, consult an attorney about possible statutory remedies under Louisiana law (Title 22) and potential extracontractual claims.
Example hypothetical timeline (common scenario)
Hypothetical: You send a fully documented bodily-injury demand after an auto wreck.
- Day 1–7: Insurer acknowledges receipt and asks for any missing records.
- Day 10–30: Insurer completes a records review and may order an IME (independent medical exam) or obtain repair estimates.
- Day 30–60: Insurer issues an initial offer or a denial; if they offer, negotiations begin.
- Day 60–120+: Negotiation, possible mediation, or preparation to file suit if settlement isn’t reached.
Remember: complex claims, serious injuries, unclear liability, or multiple insurers can expand this timeline substantially.
Helpful Hints
- Keep a clear, dated file of every letter, email, and phone call with the insurer.
- Send your demand by a tracked method (certified mail or delivery with a return receipt) and save the proof of delivery.
- Include full supporting documentation up front: medical records, bills, repair estimates, wage statements, photos, and a concise demand letter stating the dollar amount and basis for your claim.
- If the insurer asks for more records, respond quickly. Delays in producing records often lengthen the insurer’s response time.
- Don’t accept a quick low offer before you know the full extent of injuries or damage. Ask for time to evaluate and consult a lawyer if the offer is small compared to documented losses.
- Keep statutory deadlines in mind. For personal injuries, Louisiana’s one-year prescriptive period to sue (La. Civ. Code art. 3492) can run while you negotiate — speak with counsel early if negotiations stall.
- If you suspect bad faith (unreasonable delay or denial without justification), consult an attorney about remedies under La. Rev. Stat. tit. 22 and related case law.
Quick checklist before you send a demand
- Confirm you have all medical records, bills, and repair estimates.
- Write a clear demand letter with a specific dollar figure and a factual summary.
- Send by trackable mail and keep copies of everything.
- Set calendar reminders to follow up at 10, 30, and 60 days.