Kentucky Injury Resource Center
What a personal injury demand letter includes, when it should be sent, and how insurers respond.
Reviewed by Larry Forman, Attorney.
Most injury claims settle through a negotiation that begins with a demand: a letter and supporting documents that lay out what happened, what it cost you and what the claim is worth. A strong demand package shapes the whole negotiation. A rushed one can leave money on the table.
Key takeaways
The right time is usually after you reach maximum medical improvement, the point where doctors can say what your long-term condition will be. Sending too early can mean undervaluing future care. But don’t let the deadline slip: most Kentucky car crash claims must be filed within two years of the crash or last PIP payment (KRS 304.39-230). Use our Kentucky statute of limitations calculator.
A demand may give the insurer a deadline to respond. Kentucky requires insurers to attempt in good faith to settle claims promptly when liability has become reasonably clear (KRS 304.12-230). A well-documented, clearly communicated demand puts the insurer on notice of what it must evaluate.
If the at-fault driver’s insurer offers its policy limits and you have underinsured motorist coverage, Kentucky requires written notice to your UIM insurer before you settle and release the at-fault driver. The UIM insurer then has a set period to decide whether to pay the offer itself to preserve its rights (KRS 304.39-320). Missing this step can jeopardize the UIM claim.
The adjuster will usually respond with a lower counteroffer, often pointing to treatment gaps, prior injuries or comparative fault. Negotiation can go several rounds. Insurers rely on internal valuation software and reserves: see how insurers value injury claims. If the insurer won’t make a fair offer, filing suit and preparing for trial is often what moves the case. See depositions and mediation.
You can, especially for small property-damage or PIP-only claims. For injury claims, mistakes like settling before UIM notice or before treatment ends can be costly.
It varies. A response within several weeks is common. Long delays can be addressed; see why the insurance company is taking so long.
A demand should be supported by the evidence. Your lawyer will explain the reasoning and the likely negotiation range.
You sign a release, the insurer pays, and liens and reimbursement claims are resolved before you receive your share. See subrogation.
We build demand packages that document the full value of your injuries.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
