Detailed Answer — What to expect after you send a demand under Montana law
When you send a settlement demand to an insurer in Montana, you begin a sequence of steps the insurer will usually follow: acknowledge receipt, investigate, evaluate your damages and liability, and respond with a decision or an initial offer. There is no single mandatory number of days in most cases, but practical timelines and legal protections shape expectations.
Typical timeline (practical expectations)
- 24–14 days: Many insurers acknowledge receipt of a demand quickly — often within a few business days. If you do not receive confirmation in about two weeks, call your adjuster or the insurer’s claim office.
- 2–6 weeks: The insurer may request supporting records (medical records, repair estimates, police reports) and may schedule recorded statements or an independent medical exam (IME). These steps commonly occur early and can extend response time.
- 30–60 days: For straightforward property damage or minor injury claims with complete records, an initial offer often arrives within 30–60 days after the demand. If the insurer already had your information from a prior report, it can be faster.
- 60–90+ days: More complex cases — significant injuries, disputed liability, delays getting complete medical records, multiple insurers, or ERISA/coverage questions — commonly take 60–90 days or longer before the insurer makes a meaningful offer.
Why timelines vary
The insurer’s response time depends on:
- Completeness of your demand package (medical records, bills, records of lost income, repair estimates).
- Whether liability is clear or disputed.
- Medical treatment status — insurers often wait until you reach “maximum medical improvement” or enough records exist to value future care.
- Need for additional steps (recorded statement, IME, expert opinions, subrogation inquiries).
- Internal insurer workload and whether a reinsurer or claim committee must approve large offers.
- Whether the claim involves bodily injury versus property damage (property damage tends to resolve faster).
Montana law and insurer duties
Montana law regulates insurance practices and gives the state insurance regulator the authority to address unfair claim handling. If you suspect unreasonable delay, you may contact the Montana State Auditor / Commissioner of Securities and Insurance for consumer guidance or to file a complaint: csimt.gov — File a Complaint. For statutory text and general insurance law in Montana, see the Montana Legislature site: leg.mt.gov.
When a slow response may become a legal problem
Not every delay is unlawful. But long, unexplained delays after you provide complete documentation — especially if the insurer refuses reasonable requests for payment — can constitute bad faith or an unfair claim practice. If you believe an insurer unreasonably delays, document communications and consider contacting the state insurance regulator or an attorney experienced in Montana insurance claims.
Practical sample timelines by claim type (hypothetical)
- Simple property damage (e.g., car bumper damage): Demand sent with estimate → insurer acknowledges in 1–3 days → payment or initial offer in 7–21 days.
- Moderate injury (soft tissue, some medical care): Demand with medical records → insurer may request records/statement → initial offer in 30–60 days.
- Serious injury (surgery, long-term care): Demand often waits until medical status stabilizes; expect 60–120+ days to get a reasoned initial offer.
What you can do to speed an offer
- Send a complete demand packet: clear statement of losses, medical records, bills, repair estimates, and any wage-loss documentation.
- Include a deadline for response (for example, 30 days) in your demand letter to encourage timely action.
- Follow up promptly when the insurer asks for additional information.
- Keep a written record of all communications and dates.
Disclaimer: This article explains general Montana procedures and practical expectations only. It is not legal advice. For advice about a specific claim, speak with a licensed attorney or contact the Montana insurance regulator at csimt.gov.
Helpful Hints
- Label your demand clearly and include a cover letter summarizing the claim and the amount you seek.
- Attach a log of medical treatment with dates and providers to show ongoing care.
- Provide a signed medical authorization so the insurer can obtain records without delay.
- Ask for an adjuster’s expected timeline in writing and follow up if they miss it.
- If the insurer requests an IME, learn your rights about scheduling and scope before attending.
- Set a reasonable deadline in the demand (commonly 30–45 days) and state you will consider other options if you receive no response.
- If the insurer acts in bad faith or won’t communicate, file a complaint with the Montana regulator: csimt.gov — File a Complaint.
- Consider consulting a Montana-licensed attorney early if liability is contested or damages are substantial.