Detailed answer
This article explains what you can generally expect after you send a settlement demand to an insurer in West Virginia. This is educational only and not legal advice. If you need specific guidance for your claim, contact a West Virginia attorney.
Is there a fixed legal deadline for an insurer to make an initial offer?
West Virginia law does not create a single, fixed deadline that forces an insurer to make an initial settlement offer within a set number of days for every type of claim. Insurers are regulated by the West Virginia insurance statutes and the Office of the Insurance Commissioner, and unfair or deceptive claim handling practices are prohibited (see the West Virginia insurance code, Chapter 33). For information about insurer regulation and consumer protection, see the West Virginia Office of the Insurance Commissioner: https://www.wvinsurance.gov/. You can also review the state insurance code at the West Virginia Legislature site: https://code.wvlegislature.gov/.
Typical timelines you can expect
Because every claim differs, timelines vary. These are practical ranges you commonly see after a demand is sent:
- Immediate acknowledgment (1–14 days): Many insurers will acknowledge receipt of a demand within a week or two. That acknowledgement may say the file is under review.
- Straightforward claims (2–6 weeks): If liability and damages are clear and documentation is complete, insurers often make an initial evaluation and may present an offer within 2–6 weeks.
- Moderately complex claims (1–3 months): If the insurer needs more records, medical records are still outstanding, liability is disputed, or the claim must pass internal approvals, expect 4–12 weeks.
- Complex claims or coverage disputes (3–6+ months): When liability is contested, there are multiple parties, extensive medical treatment, subrogation or coverage questions, or litigation is threatened, the process often takes several months and sometimes longer.
Why responses vary
Insurer timing depends on several key factors:
- How clear liability is (police reports, witness statements).
- Whether medical records, bills, and wage-loss documentation are complete.
- Whether the insureds policy limits are sufficient and whether multiple insurers are involved.
- Coverage questions (does the policy even apply?) or excluded risks.
- Internal approval and reserve processes within the insurance company.
- Whether the insurer is investigating potential fraud or misrepresentation.
How to speed a meaningful response
Make it easy for the adjuster to evaluate your demand:
- Include a clear demand letter with a specific monetary figure and the basis for that figure (medical bills, lost wages, pain and suffering estimate).
- Attach key records: medical records, itemized bills, receipts, wage documentation, police reports, photographs, and witness statements.
- Include a signed medical authorization so the insurer can obtain records without delay.
- State a reasonable date by which you expect a response (commonly 30 days) while making clear that you will preserve your legal rights if the insurer does not respond.
What to do if the insurer delays or ignores the demand
If an insurer unreasonably delays, you have options:
- Follow up in writing and by phone. Track all communication dates and names.
- File a complaint with the West Virginia Office of the Insurance Commissioner if you suspect unfair handling: https://www.wvinsurance.gov/.
- Consider sending a final demand with a short deadline and a clear statement that you will pursue litigation if the matter is not resolved.
- Consult an attorney before filing suit to protect your rights and ensure you meet any applicable filing deadlines.
Statutory and regulatory protections
West Virginia regulates insurers and prohibits unfair claim practices under its insurance laws. For general reference to the state insurance code, visit the West Virginia Code online: https://code.wvlegislature.gov/. For help or to report a problem with an insurer, contact the West Virginia Office of the Insurance Commissioner: https://www.wvinsurance.gov/.
When to talk to a lawyer
Talk to an attorney when:
- The insurer refuses to make any reasonable offer despite clear liability and damages.
- There is a coverage dispute that could eliminate the insurers duty to pay.
- You face a denial based on missing documents you provided or that the insurer could have obtained.
- You are close to the statute of limitations for filing suit and the insurer has not made a meaningful offer.
Helpful Hints
- Send a complete, organized demand packet: clear demand letter, medical records, bills, wage documentation, police report, and authorizations.
- Ask for a written acknowledgement of receipt and log the date you mailed or emailed the demand.
- State a reasonable response deadline in your demand (commonly 30 days) and explain next steps if the deadline passes.
- Follow up in writing if you dont get a response within your deadline; always preserve written records of communications.
- If the insurer stalls, file a complaint with the West Virginia Office of the Insurance Commissioner: https://www.wvinsurance.gov/.
- Before filing suit, consult a West Virginia attorney to confirm deadlines and strategy.
Disclaimer: This information is educational and general. It does not constitute legal advice. For advice about your specific claim under West Virginia law, contact a licensed West Virginia attorney.