Quote:
Originally Posted by KaptKaos
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 |
No legal opinion from me, but did the accident happen while you were in your car, or was the car parked and unoccupied at the time?
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.