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Family Values
Join Date: Jun 2003
Location: Los Angeles, CA
Posts: 4,075
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Legal question
Guy hit my car with his truck. His insurance has accepted responsibility for the claim, but they are playing hardball with me on the valuation and total package.
I want to send a demand letter to the guy that hit me for what I think I should be paid, assuming that I'd be taking him to court. It's under small claims value. Is that the correct step, or do I send the demand letter to the insurance company? Pls advise you legal eagles.  TIA
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- Joe Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt |
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06-04-2008, 09:51 PM
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Detached Member
Join Date: May 2003
Location: southern California
Posts: 26,964
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Go to small claims and get a judgement, then I believe the insurance company has to pony up. A friend of mine had his leased MB hit hard and he insisted on the work being done by Mercedes. He argued to the judge that with Carfax and such, he faced a huge hit when he turned the car in if the work was not done by Mercedes. The judge bought his logic and awarded him about 2x what the insurance company was offering to go to Joe's body shop.
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Hugh |
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06-04-2008, 09:55 PM
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Family Values
Join Date: Jun 2003
Location: Los Angeles, CA
Posts: 4,075
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Quote:
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- Joe Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt |
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06-04-2008, 10:00 PM
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Detached Member
Join Date: May 2003
Location: southern California
Posts: 26,964
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Sue both. But I'm not a lawyer. My friend said he sued both. And a rep. from the insurance company was in court with the insured.
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Hugh |
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06-04-2008, 10:05 PM
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Registered
Join Date: Mar 2002
Location: My House
Posts: 5,345
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I'm not a lawyer and you know that of course...
Part of me wants to say I wouldn't even bother with his insurance company anymore. Sue HIM - he hit you and it is up to HIM to make it right. He is supposed to have insurance for this but if his insurance is not fulfilling his obligation based on the determination of fault then the responsibility is his. Ultimately his insurance is a service for him paid for by him, the state requires us to have it to protect both ourselves and insure that the other guy (you) has some coverage. Let say his insurance would pay but the coverage he had did not cover the entire amount of your bill. He would be liable for the rest I believe. Lets say you have a 50k car but his liability insurance only covered 30k (I think the minimum required by law is much less). Again, not a lawyer. I have used this site now and again to ask basic legal questions. http://www.lawguru.com/ I'm just sayin.
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-The Mikester I heart Boobies |
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06-04-2008, 10:57 PM
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Registered
Join Date: Dec 2005
Location: Pine Mountain Georgia
Posts: 844
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You might consider getting an attorney to handle it for you. Not someone who is just going to settle but one to actually get their attention. Did I hear you say you back was hurting? Might want to get that checked out. If you handle it yourself, then sue him. He will get his insurance company involved. He is the person who hit you. Good luck.
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1990 Wanderlodge PT-40 75 911S Silver Anniversary 1952 MGTD 1983 Mercedes 300 TD 1969 Lincoln |
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06-05-2008, 04:07 AM
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Friend of Warren
Join Date: Oct 2000
Location: Lincoln, NE
Posts: 16,497
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You sue the individual that hit you.
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Kurt V No more Porsches, but a revolving number of motorcycles. |
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06-05-2008, 05:49 AM
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AutoBahned
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Do what lawyers (and the 82nd Airborne) do - sue 'em (kill) all and let god sort it out.
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06-07-2008, 08:11 PM
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Registered
Join Date: Mar 2004
Location: Summerville, SC
Posts: 2,057
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Quote:
If you were in the car at the time it was hit, I'd tell the insurance company that your neck has been bothering you since the accident. You're going to see your doctor next week and then see about talking to a lawyer if your doctor thinks the neck pain you've been experiencing is from the accident. The at-fault driver's insurance company might just send you a more reasonable settlement offer for your vehicle damage -- which will also include statements that the settlement will cover any and all claims arising from the accident if you accept it.  Edit: I'm not sure what you mean by a "demand letter" too? If you have estimates about the cost for repair from the shops you choose, sending them those estimates and explaining that their offer of settlement does not "make you whole" would seem to be the sort of communication you'll want to do to lay the groundwork you'd want in case you do end up in court. Odds are though, the insurance company will want to settle the moment you start any court action -- they don't want the attorney's fees associated with an actual case filed in court. Last edited by competentone; 06-08-2008 at 07:44 AM.. |
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06-08-2008, 07:35 AM
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