What timeline can I expect for an initial insurance offer after we send a demand? (Pennsylvania)
Short answer: There is no fixed, guaranteed deadline under Pennsylvania law for an insurer to make an initial settlement offer after you send a demand. In routine, straightforward claims you often see an initial written response or offer within 2–6 weeks; more complex claims commonly take 1–3 months or longer. The actual timeline depends on the insurer’s investigation, the completeness of your demand package, medical records, liability complexity, and whether policy limits, multiple insurers, or coverage disputes exist.
Detailed answer — what happens after a demand is sent
When you (or your lawyer) send a written demand to an insurer, the insurer normally does these things:
- Open and assign the file to an adjuster.
- Acknowledge receipt of the demand (often within days to a couple weeks).
- Request or gather records (medical records, bills, wage documents, police reports, property damage estimates).
- Interview or re-interview witnesses and review liability evidence (photos, crash reports, surveillance, etc.).
- Decide on exposure and potential policy limits and whether coverage issues or a reservation of rights exist.
- Formulate an initial response: acknowledgment, questions/requests for more info, a counter-offer, or a denial.
Typical timing you can expect:
- Immediate acknowledgement: 2–14 days. Many insurers send a short receipt or an adjuster note within this window.
- Request for additional records or statement: 1–4 weeks. If the insurer lacks key records, they often request them rather than make an early offer.
- Initial substantive offer or denial: often 2–8 weeks for straightforward claims; 1–3 months for claims requiring medical records, independent medical exams (IME), or complex liability review.
- Long or complex matters: 3–6+ months when multiple parties, coverage disputes, serious injuries, or litigation hold-ups exist.
Some insurers make early, low initial offers within days or a couple of weeks to resolve quickly. Others will delay while they complete investigation or attempt to limit exposure. An insurer that faces an obviously meritorious claim with clear liability and strong medical proof will usually move faster.
Factors that speed up or slow down an initial offer
- Completeness of your demand packet: a clear demand letter plus medical records, itemized bills, lost-wage documentation, photos, and a liability summary speeds review.
- Severity and complexity of injuries: serious injuries require time to assemble records, prognoses, and future-care estimates.
- Liability clarity: a clear liability (e.g., admitted fault, good witness statements) typically shortens the timeline.
- Multiple insurers or parties: coordination across carriers or subrogation interests adds delay.
- Coverage disputes: if the insurer questions whether the policy covers the loss or raises reservation-of-rights issues, resolution can be slower.
- Insurer workload and resource constraints: staffing, backlog, or slow third-party vendors (e.g., IME physicians) can add weeks.
- Demand strategy: setting a specific deadline in your demand (for example, asking for a response within 30 days) can sometimes prompt a faster reply.
What you can reasonably do while waiting
- Send a complete demand packet from the start: organized medical records, itemized bills, photos, police reports, and a short chronology help an adjuster evaluate faster.
- Set a reasonable response deadline in the demand (commonly 30 days) and ask for written acknowledgment.
- Follow up politely: a phone call or a short email to the adjuster after 2–3 weeks can clarify status and any outstanding items.
- Preserve evidence: keep originals, save contacts and correspondence, and note dates of calls and promises.
- Consider a targeted medical chronology or a short narrative statement to make the claim easier to review.
When to involve a lawyer or consider filing suit
- Contact a lawyer if the insurer ignores the demand, makes an unreasonably low offer, or raises unjustified coverage defenses.
- If the insurer stalls and the statute of limitations for your claim is approaching, consider preparing a complaint. In Pennsylvania, the statute of limitations for most personal-injury claims is two years from the injury date (see 42 Pa.C.S. § 5524). Do not let the limitation period expire; filing preserves your rights while you continue to negotiate. For the statute text, see: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=5524
- If you and the insurer disagree about coverage or policy limits, a lawyer can advise whether suit, appraisal, or mediation is the right next step.
Practical example (hypothetical)
Hypothetical: You sustained a moderate soft-tissue injury in a rear-end car crash. Your lawyer sends a demand with two months of medical records, bills, a lost-wage statement, photos, and a $25,000 demand to the at-fault driver’s insurer. Typical progression:
- Adjuster assigns file and acknowledges in 3–7 days.
- Insurer requests any missing records or an authorization for records in 1–2 weeks.
- Investigation and value assessment occur; insurer may make an initial offer in 2–6 weeks from receipt of complete records. Often the initial offer is a starting point for negotiation, not the final value.
Helpful hints
- Send a focused, organized demand with medical records and an itemized demand amount — completeness speeds review.
- Ask for written acknowledgment and set a reasonable response date (commonly 30 days).
- Follow up early if the insurer requests additional records; quickly supplying items avoids delays.
- Keep a running log of all insurer calls, promises, and dates you sent documents.
- If you get a quick low offer, don’t accept immediately — ask for a written offer and the basis for the valuation so you can respond factually.
- Mind the statute of limitations: in Pennsylvania most personal injury suits must be filed within two years of the injury (42 Pa.C.S. § 5524). Filing preserves your rights if negotiations stall.
- Consider counsel early if your injuries are serious, liability is disputed, or offers are unreasonably low.
Where to find official consumer resources
For general guidance from the Pennsylvania Insurance Department on claims and consumer rights, see: https://www.insurance.pa.gov/Consumers/Pages/Claims.aspx
Disclaimer
This article explains general expectations under Pennsylvania practice and is for educational purposes only. It is not legal advice, and nothing here creates an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in Pennsylvania.