Reviewed by Bryan D. Caulfield, Board Certified in Civil Trial Law by The Florida Bar | Updated
Short answer: Florida law does not set a fixed deadline for an insurance company to respond to a bodily injury demand letter. Instead, the letter itself sets the response window, often 30 days. Since the state’s 2023 tort reform law (HB 837), an insurer that pays the policy limits or the amount demanded within 90 days of receiving a well-documented claim is protected from a bad faith lawsuit, so a demand with a deadline shorter than 90 days puts less pressure on the insurer than it used to.
In Florida, personal injury victims must formally request to recover payments associated with their injury. The request, in the form of a demand letter, is often sent to an insurance company, the individual at fault, or both.
Personal injury claims can be complex financial matters involving many parties and may even go to court, so knowing what a demand letter is and how to engage in the proper legal processes surrounding one is critical.
Therefore, if you’ve suffered a personal injury in Florida, a demand letter will likely be a part of your process of recovering damages from a negligent party.
What Is a Demand Letter?
Demand letters are legal requests for the payment of damages. In civil cases, these are generally used when injury or property damage results from negligence or similar legal wrongdoings.
Most demand letters will outline the extent of the damages and list the associated costs you’ve incurred as a result of your injury.
Some potential damages can include:
- Hospital bills
- Lost wages
- Property damage
- Pain and suffering
Florida law is strict with regard to dates and deadlines set for personal injury claims like car accidents. Just as a statute of limitations exists for filing personal injury claims, there is a timeline that you’ll need to follow when you’re ready to request a financial settlement from the party who wronged you. For most accidents on or after March 24, 2023, that statute of limitations is two years. See how long you have to file.
What to Include in a Demand Letter
If another person injured you, it’s your legal responsibility to outline your financial requests within the demand letter. As such, demand letters should be as detailed as possible regarding expenses you’ve had to cover after your injury.
Additionally, these letters must contain a detailed argument for why you deserve the requested amount. While you can draft a demand letter yourself, it’s wise to consult with a seasoned personal injury attorney who can help ensure no stone is left unturned.
Outline of Injuries
One of the most critical elements of a demand letter is a detailed account of your injuries, which should include information regarding the background of the accident, when and how it occurred, as well as a detailed explanation of the injuries you suffered. It’s essential to discuss medical conditions in detail and any future treatments you may have had to pay for.
Liability Information
In addition to explaining your injuries, you’ll want to explain why the defendant is liable for paying the damages involved with them. It’s important to discuss why they are at fault and why they are responsible for paying for your injury.
Depending on the situation, you may need to include a copy of a police report, an insurance policy, a work contract, or any premise liability statute that applies.
Medical Costs
Demand letters should contain a comprehensive list of all medical treatments you’ve had to pay for, including invoices, receipts, medical records, and other documents that can help quantify the extent of your damages.
Additional Losses
Most personal injuries incur additional losses, such as lost wages, property damage, and emotional pain and suffering. As such, you’ll need to provide a detailed list of miscellaneous losses you want to recover.
How Long Does an Insurance Company Have to Respond to a Demand Letter in Florida?
Is there a legal deadline? No Florida statute sets a response deadline for a demand letter on a bodily injury claim against an at-fault driver or business. The deadlines you may see quoted online apply to other kinds of claims. Personal injury protection (PIP) benefits from your own auto insurer are overdue if they are not paid within 30 days after the insurer receives written notice of the loss and its amount. Homeowners and other property insurers generally must pay or deny a claim within 60 days. Neither rule applies to a demand for compensation from someone else’s liability insurer.
The deadline in the letter itself. Because the law leaves it open, the demand letter sets its own deadline. Most give the insurer a specific window to respond, often 30 days, and explain what happens when it passes, such as withdrawing the offer or filing suit. A deadline that is too short can backfire, because the insurer may argue it had no fair chance to review the medical records and bills. A reasonable window paired with complete documentation tends to produce a faster, more serious response.
How HB 837 changed insurer timing. Florida’s 2023 tort reform law changed how much pressure a demand letter puts on an insurer. An insurer that pays the policy limits, or the amount demanded if it is lower, within 90 days of receiving a claim backed by enough evidence to support that amount is protected from a bad faith lawsuit. If the insurer does not pay within that window, the statute of limitations is extended by 90 days. The law also says that simple negligence in handling a claim is not enough to prove bad faith. As a result, some insurers use most of that 90-day window before deciding on a well-documented demand.
What a typical timeline looks like in practice. Timelines depend on the size of the claim and how complete the documentation is. A first offer or counteroffer commonly arrives within one to three months of the demand. Claims involving serious injuries, disputed fault, or ongoing treatment usually take longer, and the insurer may ask for more records before responding. Your attorney can tell you whether a delay is normal for your type of claim or a sign it is time to push harder.
In some situations, your attorney may recommend filing a lawsuit whenever no response is made. However, if the insurance company does respond, you’ll likely proceed with negotiations to settle.
Agreeing to the opposing party’s settlement is entirely voluntary, and you have the legal right to proceed with a personal injury lawsuit at any point before the filing deadline passes. When in doubt, discuss any concerns with your personal injury attorney.
What If the Insurance Company Doesn’t Respond?
- Confirm the demand was received. Your attorney should have proof of delivery.
- Follow up in writing when the deadline in your letter passes.
- Watch the calendar. A pending demand does not pause the two-year statute of limitations.
- If the insurer unreasonably delays or refuses to pay a valid claim, you may have an insurance bad faith claim.
- Your attorney may recommend filing suit. Learn the difference between a claim and a lawsuit.
Frequently Asked Questions
Does sending a demand letter stop the statute of limitations?
No. The two-year deadline for most Florida negligence lawsuits keeps running while you wait for a response.
Should I accept the first offer after a demand letter?
Not without talking to a lawyer. Accepting a settlement is voluntary, and a first offer is often a starting point for negotiation. See how settlement offers are evaluated in Florida.
How long does an insurer have to respond?
Florida law sets no fixed deadline, but most demand letters give the insurer around 30 days, and an insurer that pays a well-documented claim within 90 days is protected from a bad faith lawsuit.
Contact the Pinellas County Personal Injury Law Firm Of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for Help
Since 1955, Perenich, Caulfield, Avril & Noyes has prepared and negotiated injury demands for clients across Tampa Bay, and our Board Certified trial attorneys are ready to file suit when an insurer won’t respond fairly. For more information, please contact the Clearwater and St. Petersburg personal injury law firm of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Pinellas County and its surrounding areas:
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater
1875 N Belcher Rd. STE 201,
Clearwater, FL 33765
(727) 591-3354
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – St. Petersburg
2560 1st Ave S,
St. Petersburg, FL 33712
(727) 591-3354
