Personal Injury Law (Accidents/Slip & Fall)/Demand letter


what I wanted to know is can a demand letter be use by the insurance company in a lawsuit if the demand letter says it will be withdrawn if not accepted by this dated?

Wow Bobby, your question is not very clear.  Can the insurance company use the letter HOW?  Do you mean that you sent a demand letter for some amount of money to settle the claim and stating that the offer to settle for that amount would be revoked after a certain date?  The insurance company does not pay and now you want to demand a higher amount and you are wondering if the insurance company can then say "hey, you asked for $10,000 to settle the case and you can't now ask for $20,000".  Is that your question????  The answer is simple:  AN OFFER OR A DEMAND TO SETTLE CAN ALWAYS BE WITHDRAWN AT ANY TIME BEFORE IT IS ACCEPTED, UNLESS THE LETTER SAYS IT WILL BE OPEN FOR A CERTAIN AMOUNT OF TIME.  Furthermore, if you get into a lawsuit with the insurance company over the claim, they can not mention your earlier offer to settle for a certain in the demand letter.  Settlement discussions or in this case, a settlement demand letter, can only be used for settlement discussions and can always be withdrawn until accepted.  If this doesn't answer your question, ask again with more clarity please as to what is going on.

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts


Glenn A. Dorfman


Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.


Hundreds of satisfied clients in previous litigation

California State Bar Association in good standing since 1976. Federal District Court

Jurisx Doctor degree 1976

©2016 All rights reserved.