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  1. #1
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    Default Demand Letters for Personal Injury vs. Vehicle Damage

    My question involves an injury that occurred in the state of: California

    Everywhere i look about handling personal injury cases related to car accidents is where are the sample demand letters for the loss of vehicle? It's always for med treatments and pain and suffering? What is this like 6 months down the line that the issue of injury comes up and since the car damage was already settled? That can't be the case. So why do i always see examples of only injuries in car accident cases?

  2. #2
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    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    Where is "everywhere"?

    If everywhere you look has the wrong thing, perhaps you're looking in the wrong places.

  3. #3
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    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    http://www.after-car-accidents.com/s...nd-letter.html (describes car accident, list medical bills. No bills for damage on car)

    http://www.lawferrell.com/simpledema...injurylawsuit/ (again describes a car accident, lists the medical bills, No bills for damage on car)

    http://www.autoinsurancetips.com/wri...tle-your-claim (again describes a car accident, list of medical bills, no bills for actual damage on vechicles)

    I've gone through many links they are all the same....car accident list only damages for medical bills never the actual car...meaning the car part is taken care of....How did they separate the damages for car and injury separately? currently i went to collision with my insurance and 3rd party won't pay when they know they are at fault. (holding by deductible hostage). Will be settling the damage to vehicle and medical together. Still receiving treatment. So then why do I see all the sample demand letters saying pay me for medical only "special damages". Is it because I went through me insurance? Now that I know more about how things works...thinking i should have just claimed with the 3rd party from the start. In the beginning of this whole fiasco I believed everything went through my own insurance and that was what i was paying for..

  4. #4
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    Jan 2006
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    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    Is it because I went through me insurance?
    If you went through your insurance, what are you demanding from the other party? If your insurance paid, you have no damages unless there was a deductible. Is that what you are after?

  5. #5

    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    Because loss or damage to your vehicle is covered by your insurance company. THEY can then sue to recover any losses from the other driver or their insurance company. It's common for injuries to need time to fully present and be treated (and costs incurred, or at least the majority of costs incurred, or future costs reasonably estimated, before suing, thus the delay).

    If you went through your insurance, what are you demanding from the other party? If your insurance paid, you have no damages unless there was a deductible.
    Concur. You sue in court to be made "whole". The insurance company is the one who is "out" the damages to the vehicle. All you should be out is any out of pocket that you ACTUALLY paid, which could probably be taken care of in small claims court.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  6. #6
    Join Date
    Sep 2011
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    8

    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    yes i would like my deductible I know my insurance company is to be paid the rest. The third party accepted liability. I called them asking for my deductible. The answer is no. 3rd party's insurance answer was they settle the injury claim and damage for car together. Hence my question how do people separate injury claim and vechicle claim as i see in sample demand letters no mention of car damage demands only special damage demands. How do i make a claim when I am still receiving treatment...If i can't separate the damage to vehicle and medical i need to get an attorney. If i can separate the two I can just go to small claims court. I don't want to go to small claims and win and have my insurance company dip into my settlement funds saying they weren't paid for the damages to the car which they paid, if they do i am left with nothing to pay medical bills. Damage to my car is in the maximum range of small claims court which means I would only be able to get about 500, wait correction i get nothing, i remember now there is a fee to filing in small claims. See my dilema...


    I will clarify here..

    Example 1:
    I sue damages for car and medical bills in small claims.
    They exceed the amount of small claims that can be awarded.
    My insurance company well i see you won the settlement, we weren't paid by the 3rd party for damages to the vehicle that we fixed. We damand you pay us. I have to pay them back. Now I have nothing to pay the medical bills...

    Example 2:
    The matter of damages to car is already settled
    I take 3rd party to small claims for only the medical portion of my bills.
    Which I am now able to pay because the damage to car was already taken care of.

    I will be asking for "pain and suffering" I should be asking for Dimished value, which i didn't know existed until going through this process. I don't know if it's too late to ask for that because I know i can't ask for those under my insurance only the 3rd party's

    I feel like they are using my deductible as hostage like some of the articles i've been reading..

  7. #7

    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    Quote Quoting namjagee
    View Post
    Example 1:
    I sue damages for car and medical bills in small claims.
    They exceed the amount of small claims that can be awarded.
    My insurance company well i see you won the settlement, we weren't paid by the 3rd party for damages to the vehicle that we fixed. We damand you pay us. I have to pay them back. Now I have nothing to pay the medical bills.....
    No. That's not how it works. The insurance company assumes the risk that they're not going to be able to collect in all cases. Your insurance premiums pay them to take that risk. They've already GOT your premiums in pocket, and that's ALL they get from you.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  8. #8
    Join Date
    Jan 2006
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    27,021

    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    Maybe I'm just not understanding your problem. The other insurance may want to settle the total claim at one time, that does not mean you have to make a demand in that manner.

    To make the claim for the deductible, you file a suit for that and in the reason for the claim you would put something such as: reimbursement of deductible due to accident on [date] involving [plaintiff] I had to pay to have my vehicle repaired.

    You do not get to sue for what your insurance company paid you. That would be up to them to make the claim with the party that injured you.

    but anyway, you sue the person that injured you. They must respond to the suit. Their insurance company will either provide legal counsel or cut a check to you. I suspect they will cut the check. In either case, arguing "we settle both property and personal damage at one time" will not be an acceptable defense.

  9. #9
    Join Date
    Sep 2011
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    8

    Default Re: Demand Letters for Personal Injury vs. Vehicle Damage

    here is the thread that probably answers this question: http://www.expertlaw.com/forums/showthread.php?t=117700
    You only get to sue once and it's for everything car and injury..So i cannot sue separately....but i'm assuming i can ask for things separately because they are not law suits only demands...

    In california....if I fixed my car with my own insurance...Can I still go after the 3rd party for diminished car value? It is true I will not get the value if i were to sell the car things like car fax and other reports will definiatly hinder it's sellability...If it was an old car wouldn't even care...only be a couple hundred dollars difference..but it's considered a luxury car which means a dimished value in the thousands range..It's also only a couple of years old with low mileage...

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