A demand letter is the formal document that opens Georgia accident settlement negotiations. It is one of the most important strategic tools in your claim — and how it is written, timed, and delivered materially affects the outcome. Here is how the demand letter process works.
What a Georgia Accident Demand Letter Contains
A properly constructed Georgia accident demand letter typically includes:
- Liability narrative — A detailed account of how the accident occurred and why the defendant is at fault, supported by the police report, witness statements, and any available camera footage
- Injury documentation — Medical records, physician narratives, and diagnostic results establishing the nature and severity of your injuries
- Special damages itemization — All medical bills, out-of-pocket expenses, lost wages, and other quantifiable losses
- Pain and suffering argument — A persuasive presentation of non-economic damages tied to documented symptoms, treatment duration, and permanency
- Settlement demand figure — The specific dollar amount you are demanding, typically set above the anticipated settlement range to allow negotiation room
When to Send the Demand Letter
The demand letter should be sent after you reach Maximum Medical Improvement (MMI) — the point at which your treating physician determines your condition has stabilized. Sending a demand before MMI means your future medical costs and permanent impairment are unknown, which forces you to either undervalue the claim or leave damages out entirely.
Policy Limit Demands and Excess Judgment Risk
When the liable driver’s policy limits are clearly insufficient for the full damages, a Georgia attorney may send a policy limits demand — a demand that the insurer tender its full policy limits within a specified time. Failure to respond reasonably to a policy limits demand can expose the insurer to a bad faith claim under O.C.G.A. § 33-4-6, creating personal excess judgment liability for the insurer beyond its policy limits.
The Negotiation Phase
After the demand is delivered, the insurer typically responds with a counter-offer lower than the demand. Multiple rounds of negotiation are normal. Most Georgia accident cases settle without litigation, though the credible threat of filing suit — and the attorney’s litigation reputation — directly influences insurer behavior during negotiations.
The Timeline
Georgia insurers typically have 30–60 days to respond to a demand. If no reasonable response is received, filing suit is often the next step. The two-year statute of limitations under O.C.G.A. § 9-3-33 constrains the timeline — demand letters are most effective when sent with enough time remaining to file suit if negotiations fail.
A Georgia accident attorney drafts and delivers demand letters as part of full representation on contingency. Call for a free evaluation today.