Yes: under O.C.G.A. § 9-11-67.1 as amended by SB 83, Georgia law permits time-limited pre-suit demands for motor-vehicle injury claims. To be valid, a demand must include seven enumerated material terms and meet statutory timing and service rules: an acceptance window not less than 30 days and a payment window not less than 40 days.

TL;DR:

  • A compliant demand must specify a settlement amount, release parties, release type, and detailed payment instructions to be enforceable under Georgia law.
  • The demand must be delivered by certified mail or overnight service with a clear reference to the statute and updated claimant contact information to trigger the safe harbor.
  • Insurance acceptance within the statutory windows creates a binding settlement, but partial acceptance, silence, or outright refusal preserves the claimant’s right to sue.
  • Demand preparation requires careful record collection, precise drafting, and proper serving, avoiding extra conditions that courts may deem invalid.
  • The two-year personal injury statute of limitations runs separately from the demand’s windows, so timely filing and tracking both timelines are crucial.
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Table of Contents

What Senate Bill 83 changed about time-limited demands

For years, Georgia demand letters operated in a gray zone, and insurers and plaintiff attorneys often disagreed over what made a demand valid enough to support a later bad-faith claim. Senate Bill 83, signed in 2024, rewrote O.C.G.A. § 9-11-67.1 to treat a time-limited demand as an offer capable of forming a bilateral contract once the insurer accepts it on the stated terms. Lawmakers acted after appellate courts flagged demands loaded with extra-statutory conditions, the kind of hypertechnical traps one appellate commentary described as designed to manufacture bad-faith claims rather than settle cases. The new framework narrows what a demand can require and standardizes how it must be delivered.

Under the amended law, a compliant demand generally needs:

  • Delivery by certified mail or a comparable overnight carrier with return receipt requested
  • A direct reference to O.C.G.A. § 9-11-67.1 so the insurer understands the statutory framework applies
  • Up-to-date contact information for the claimant or the claimant’s attorney
  • Medical bills, records, and other documentation sufficient for the insurer to evaluate the claim

The shift matters because it gives both sides a predictable structure. Insurers know exactly what a valid demand looks like, and claimants know what they must include to preserve their later remedies.

The seven material terms your demand must include

A demand is only enforceable under the statute when it sticks to the material terms Georgia law actually allows. Courts have made clear that anything beyond these seven items risks being labeled an improper condition, undermining the demand’s legal weight.

  1. The amount of money the claimant will accept to settle the claim.
  2. The party or parties released, named specifically so there is no ambiguity about who benefits from the settlement.
  3. The type of release required, whether a full and final release or a limited release tied to specific claims.
  4. The time period for acceptance, which cannot be less than 30 days from the insurer’s receipt of the demand.
  5. The time period for payment, which cannot be less than 40 days from receipt.
  6. The form of payment, including how and to whom the funds should be delivered.
  7. Where and to whom payment should be sent, often including wire instructions or a named payee.

“Type of release” is not decorative language. A demand that asks for a full release of all claims reads differently to an insurer than one limited to bodily injury, and the distinction affects how quickly a carrier can clear the file internally. “Itemization” typically refers to breaking out the claimed damages, medical specials, lost wages, and other categories, so the insurer can see how the number was built rather than accepting a lump figure on faith.

The statute also requires that the demand attach medical records, bills, and other documentation sufficient for the insurer to evaluate the claim. Skipping this step gives the insurer a legitimate reason to treat the demand as incomplete.

Pro Tip: Attach a short summary sheet listing every enclosed record by date and provider. It speeds up the insurer’s review and creates a paper trail showing exactly what was disclosed.

Illustration of organized claim records timeline

How insurer acceptance and the safe harbor actually work

Once a demand meets the statutory requirements, the insurer’s response determines what happens next. Written acceptance of the material terms, delivered within the statutory window, creates a binding settlement under the bilateral-contract framework SB 83 established.

  • An insurer that accepts a conforming demand in writing, on the enumerated material terms, generally falls within the safe harbor described in the statute, which limits later failure-to-settle exposure.
  • If the insurer disputes a term that is not one of the seven material terms, that disagreement is treated as a breach-of-contract issue rather than grounds to void the settlement.
  • Partial acceptance, silence, or an outright refusal leaves the claimant free to pursue litigation and preserves the demand as evidence of the insurer’s conduct.

One analysis of the 2024 framework notes that claimants should spell out wire-transfer instructions and a named payee format in the payment term, since vague payment language is a common source of post-acceptance disputes. Keeping dated proof of delivery and any acceptance correspondence matters just as much, since that record becomes central if the case later turns into a failure-to-settle claim.

Building and serving a demand that holds up

Turning the statute into a working demand comes down to a handful of concrete steps, each one feeding into the next.

  1. Gather the records. Collect medical bills, treatment notes, wage-loss documentation, and any other proof needed to support the claimed amount, using resources like a medical records request guide to track down what is missing.
  2. Pin down the numbers and the parties. Decide on a precise settlement figure and name every party being released.
  3. Draft the seven terms. Write out the release type, acceptance and payment windows, and payment instructions in plain, unambiguous language, following a structure similar to what other settlement demand letter guides recommend for clarity.
  4. Serve it correctly. Send the demand by certified mail or overnight carrier and keep proof of delivery.
  5. Track the response. Log the insurer’s acceptance, partial acceptance, or silence, and preserve every document if the case may later support a Holt-style failure-to-settle claim.

Avoid loading the demand with extra-statutory conditions. Courts have pushed back hard on what one appellate ruling called “byzantine” demands, and setting impossible performance obligations can backfire on the claimant instead of the insurer. If the insurer accepts, confirm the payment instructions immediately. If it declines or goes silent, preserve every record now, because that file becomes the backbone of any later bad-faith litigation.

Pro Tip: Send the demand well before any anticipated filing deadline. A rushed demand with sloppy attachments gives the insurer an easy excuse to claim it never had enough information to respond.

Where demands fit inside Georgia’s filing deadlines

A time-limited demand does not replace or pause the clock on your right to sue. Georgia’s general statute of limitations for personal injury is two years from the date of the injury under O.C.G.A. § 9-3-33, and that deadline runs independently of any settlement demand.

  • A demand under § 9-11-67.1 typically remains valid until named defendants file their answer or are held in default, which affects when in the litigation timeline a claimant can send one.
  • Sending a demand early, before a lawsuit is even filed, preserves maximum flexibility for the claimant while still triggering the statutory framework once the insurer receives it.
  • If an insurer fails to accept a properly conforming demand and the case later results in a verdict exceeding the policy limits, that failed demand can become key evidence supporting a Holt-style failure-to-settle claim against the insurer.

Because the two-year injury deadline and the demand’s own acceptance and payment windows run on separate tracks, claimants need to watch both calendars at once.

How The Jewkes Firm handles time-limited demands for clients

The article discusses legal representation for injured clients in Georgia, handling auto accident, trucking, and related personal injury claims on a contingency basis with free consultations. Preparing a demand under § 9-11-67.1 starts with assembling complete medical and wage records, then drafting the seven material terms with the precision the statute demands, followed by certified service and diligent follow-up on the insurer’s response.

A demand that skips a single statutory requirement can lose its legal force entirely, which is why careful drafting and documentation matter from the first letter sent.

When a time-limited demand makes sense and when it does not

A time-limited demand works best when liability is clear, policy limits are known, and the medical documentation is solid enough to support the number you are asking for. It backfires when liability is still contested, records are thin, or the case carries real negotiation risk that a rushed deadline could cut short. Talk to an attorney, gather your records, and watch your filing deadlines before you send one.

— Ali

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If you are weighing whether a time-limited demand fits your situation, free consultations and contingency fee arrangements are available for Georgia auto accident, trucking, and injury claims, meaning payment is due only upon recovery. Our team prepares demands under O.C.G.A. § 9-11-67.1 with the documentation and timing the statute requires. Visit our practice areas page to start a free case review today.

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

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FAQ

How long is the statute of limitations in GA?

Georgia’s statute of limitations for personal injury claims is two years from the date the injury occurred, under O.C.G.A. § 9-3-33. This deadline runs separately from any time-limited demand’s own acceptance or payment windows.

Can I claim for medical negligence after 20 years?

Georgia’s personal injury statute of limitations is two years from the date the claim accrues, and medical malpractice claims carry their own specific deadlines and exceptions under Georgia law. Waiting significantly beyond the standard window typically bars a claim, so anyone in that situation should speak with an attorney promptly to check whether any exception applies.

What is a limited liability release in Georgia?

A limited release settles specific claims, such as bodily injury, while leaving other potential claims open, in contrast to a full and final release that closes out everything related to the incident. Under the amended O.C.G.A. § 9-11-67.1, the type of release is one of the seven material terms a valid time-limited demand must specify.

Can you sue for pain and suffering in GA?

Yes, Georgia law allows attorneys to argue the monetary value of pain and suffering to a jury when the evidence supports it, under O.C.G.A. § 9-10-184. Pain and suffering damages are recognized in Georgia injury cases and may be included in settlement demands and litigated verdicts when supported by evidence.