The time-limited demand letter is a powerful tool governed by two key cases: S. General Ins. Co. v. Holt, 262 Ga. 267 (1992) and Cotton States v. Brightman 276 Ga. 683, 580 S.E. 2d. 519 (2003). The Georgia Legislature further refined the duties an insurance company has when faced with a policy limits demand by enacting OCGA §9-11-67.1 in 2021. The provisions of this code section now apply to all “settlement offers and agreements for personal injury, bodily injury, and death from motor vehicle, and payment methods...”
By using our Time-Limited Demand template, you can:
- Apply the principles of the Holt and Brightman cases to your demand letters, ensuring that you're following the best practices for time-limited policy limit demands.
- Present a professional and compelling demand letter that can help expedite settlements and secure maximum compensation for your clients.
- Save time and effort by using our easy-to-adapt template, allowing you to focus on what matters most- your clients.
To access our free Time-Limited Demand template, simply click the link below:
AT-FAULT INSURANCE COMPANY NAME & ADDRESS
CERTIFIED MAIL NUMBER
RE: Our Client: JOHN SMITH
Claim Number: XX-123456789
Date of Loss: DATE OF INCIDENT
Your Driver: ROBERT BROWN
Dear AT-FAULT INSURANCE COMPANY:
This law firm represents the interest of JOHN SMITH in their claims for injuries and damages suffered in a collision with your insured. After conversations with my client, I am authorized to demand $POLICY LIMITS for full and final settlement for the injuries they suffered with a limited liability release.
It is our understanding that ROBERT BROWN’s available policy limits to protect your insured are $25,000.00. This understanding is predicated on information provided by AT-FAULT INSURANCE COMPANY and we are expressly relying on AT-FAULT INSURANCE COMPANY’s representation that policy limits are the amount stated herein. If AT-FAULT INSURANCE COMPANY contends the applicable policy limits are greater or less than the amount specified herein, please let us know within 10 days of receipt of this letter, as this information could materially alter the amount and other contents of this demand.
Pursuant to the Unliquidated Damages Act, O.C.G.A. § 51-12-14 and O.C.G.A. §9-11-67.1, we are providing you a reasonable opportunity to settle JOHN SMITH’s claim against your insured within your insured’s policy limits. If AT-FAULT INSURANCE COMPANY fails to resolve this matter and a jury returns a verdict in our favor equal or greater to our demand, our client shall be entitled to interest equal to the prime rate plus 3%, which at the time of this writing will equal 6.5% in interest from the “thirtieth day following the date of the mailing or delivering of the written notice until the date of judgment.”
This demand is made pursuant to O.C.G.A. § 33-24-41.1 to fulfill the exhaustion recruitment in order to pursue UIM benefits. We specifically reserve the right to maintain a claim for complete compensation for UIM benefits.
Cause of Injury
On DATE OF INCIDENT, JOHN SMITH was driving in their vehicle traveling...
For more resources and sample documents, explore our comprehensive library, which includes our popular Sample Auto Accident Complaint for Magistrate Court.
We hope you find our Time-Limited Demand Letter Template valuable in your personal injury practice. If you have any questions, need additional resources, or require assistance with a case, don't hesitate to reach out to our team at Georgia Trial Attorneys. Together, we can secure the best possible outcomes for our clients and continue to uphold the highest standards of personal injury litigation.