Demand is “A peremptory claim to thing of right, differing from claim, in that it presupposes that there is no defense or doubt upon question of right.” Also, “the assertion of a legal right; a legal obligation asserted in the courts” (Black’s Law Dictionary). “A claim or an assertion of a legal right or a right to compensation” (Nolo’s Law Dictionary).
Jerry’s lawyer sent a written demand for payment from Jerry’s insurance company after they refused to help cover the expenses from the accident.
After the accident, Louis tried to get the other driver’s insurance company to pay for his $15,000 in medical expenses, but they refused. So Louis hired a lawyer who filed a claim against the company and then submitted a written demand for the $15,000 along with the reasons that the insurance company should pay. This included why Louis felt the other driver was at fault along with the insurance information set forth in their company policies saying that they would pay for the medical expenses in these kinds of circumstances. The insurance company had to respond to the demand, and in the end, Louis was able to secure payment of his medical expenses.
Other Important Information
Typically, once a claim has been filed, the plaintiff will have 30 days to provide a written demand (a written statement of what they should be compensated for and why). Then the defendant will have 60 days to respond to that demand (see Utah Code). Most demands made are for arbitration, subrogation, or payment from insurance companies (see Utah Code). For example, a demand for payment of insurance benefits must set forth both: “(A) the specific monetary amount of the demand; and (B) the factual and legal basis and any supporting documentation for the demand” (Utah Code). In Utah, insurance companies cannot refuse “to provide a written basis for the denial” of your insurance claim upon your written demand (Utah Administrative Code).
Legal Glossary created by Christensen & Hymas Salt Lake’s Best Personal Injury Attorneys