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If a letter of demand was sent to insurance and they pay, is that the end of the case?

Orlando, FL |

I need to know if my attorney sent out a letter of demand to an insurance company and they answered the demand with the amount asked with a check... does that mean my case is closed? Is there such a thing as a partial settlement? Regarding a personal injury claim. Auto accident.

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Attorney answers 6


Since you have an attorney, he should be the one answering this question for you.

Daniel M. Berman This is not to be considered legal advice nor does an attorney-client relationship exist.


As a general proposition, if a plaintiff offers to settle for a certain amount and the defendant's insurer tenders a check for that amount, a settlement has occurred. However, there may be exceptions. You should address this question to your current attorney.

The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.


If you have signed a release the case is closed. The End. Barring very extraordinarily unusual circumstances lacking from the information in the post. Discuss further with your own attorney who has the facts.

Here's more:


It really depends on if you signed a release and what it said. Mostly the settlement is designed to settle all claims.


A demand to tender money from an insurance company does not necessarily result in a settlement if the insurer tenders the insurance money. Settlement depends on a release signed, if any. Under some circumstances, an insurer may tender money to avoid being exposed to a claim that the insurer acted in bad faith to its own insured. You should discuss this with your attorney.


If the insurance company complied with all the terms in the demand letter and timely tendered the policy limits, yes, that claim is over. It does not exclude bringing an underinsured motorist claim v. your own insurer if you have been wise enough to purchase that insurance. But, as we have all said, you should be asking your attorney these questions within confidential attorney-client communications. You should have approved the demand letter, so all of this should have been discussed with you earlier. Good luck.

No comments or observations should be construed as establishing an attorney-client relationship. All comments are strictly for information purposes only and as a public service.