Demand letter
The written presentation of a claim to an insurer, with the evidence, asking them to pay.
It is usually the first time the other side sees the whole case in one place, and the first real test of what they think it is worth. This is general information, not legal advice.
What it means
A demand package sets out liability, the medical course, the losses, and the supporting records. It is not a court document and there is no prescribed form.
It is normally sent once the medical picture is clear enough to describe. Sent too early it understates the claim; sent too late it wastes the window before a deadline forces a filing.
A statutory offer to compromise is a different instrument entirely. That one is made in litigation, has a formal effect on costs if it is not beaten, and is worth knowing about because it changes the risk on both sides.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- Does sending a demand letter stop the deadline?
- No. Nothing except filing the lawsuit does. A demand is a negotiating step, not a legal step.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Code Civ. Proc., § 998 (offer to compromise, and the cost consequences of not beating one).