car accident why did lawyer sent letter to me instead of insurance company

In the case of a car accident, one person is usually designated as at fault for the collision. In this case, that person may not want to involve his or her insurance company, so they send an accident settlement letter promising to pay the other person’s damages. There are several reasons why this is a good idea, especially for a minor accident.

Full Answer

How to send a letter to an insurance company after an accident?

Send the letter by USPS certified mail, return receipt requested to confirm the date the insurance company receives the letter. Here’s an example of a personal injury demand made by a fictional car accident victim. You can easily adapt the basic letter format to create your own effective demand letter.

When should I get an attorney for a car accident settlement letter?

When Should I Get An Attorney For A Car Accident? A car accident settlement letter is intended to notify an injured party that the person responsible is willing to pay any expenses that they may have that are related to the incident. In the case of a car accident, one person is usually designated as at fault for the collision.

Should I speak to the other driver's insurance company after a car accident?

Speaking to your own insurance company after a car accident is a different story, however. Now the question is whether you should speak with the other driver's insurance company. The answer is less straightforward and will depend on the facts of your accident.

How do I write a demand letter after a car accident?

Your demand letter should include: Statement of Facts: Describing the circumstances just before, during and after the collision Liability: You have the burden of proving the other driver is responsible for causing for your injuries Injuries: Describe your physical injuries, emotional distress, and pain and suffering caused by the collision

What is a settlement letter from insurance company?

Settlement letters should summarize the purpose of the claim and communicate to the insurance company a fair value for the claim. Insurance companies generally try to settle claims for as little money as possible, making it difficult to reach a satisfactory outcome.

What is a demand letter to an insurance company?

Writing a “demand letter” is one of the initial steps taken in the personal injury claims process. The demand letter is a document sent to the at-fault party's insurance company, explaining your side of the story, the losses you have incurred, and the total amount you are requesting as a settlement.

What happens if insurance company does not respond to demand letter?

If an insurance company has still not responded to your demand letter, the next step may be to contact a legal representative and file a lawsuit. Be sure to understand the statute of limitations for your case. Once those run out, you could lose the right to sue.

What happens after the demand letter?

After you send a demand letter, one of several things can happen: The insurance company accepts your demand, and the settlement goes forward. You'll receive the compensation you asked for and sign a release of liability in exchange.

How long does it take for insurance to respond to demand letter?

In the best-case scenario, the insurance company will respond to your demand letter within 30 days. However, you generally have to wait anywhere from a few weeks to a couple of months because no law sets a deadline.

Do insurance companies want to settle quickly?

Insurance companies want to settle cases right away, because they don't want you to have an opportunity to speak to a personal injury lawyer. If an insurance company is offering you any money, it is always advisable that you at least have a consultation with an attorney.

How long does it take for an insurance company to offer a settlement?

Most insurance companies make it a goal to settle claims within 30 days. A fast settlement may not, however, end in the best possible results for you.

How long does an insurance company have to investigate a claim?

about 30 daysGenerally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

How long does an insurance company have to respond to a claim?

In most states, the insurance adjuster has no obligation to respond to your demand letter. Even in states where they do have an obligation to communicate with the victim within 30 days or some other period, the law does not impose a significant penalty when an insurance adjuster simply ignores a demand letter.

Why would a lawyer send me letters?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution, but they can also be used to demand specific actions. Having your attorney draft a demand letter can be a wise move because it gives the recipient a chance to rectify the situation without facing a lawsuit.

How do you respond to a demand letter from a lawyer?

Respond Formally, Factually, and Professionally If you elect to prepare the response letter yourself (in other words, without an attorney), then be sure to deliver it within the requested time frame. Your response letter should be both factual and professional and written on your company's letterhead.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)

How to write a letter of payment for an accident?

Some Tips For Preparing A Payment Agreement Letter: 1 Both parties involved in the accident should be identified 2 The letter should state that the payment is full and final, and that the injured party releases the responsible party from all present and future claims 3 If applicable, terms and conditions for payment should be mentioned 4 How the amount will be paid should be specified 5 The injured party should be given the opportunity to modify the letter if they wish. If they do modify it, both parties need to agree on the changes 6 The parties may want to sign the letter together in the presence of a notary public. This will prevent the agreement from being disputed on the grounds of a question of the identity of one party 7 The language in the letter should be simple and clear. This is to ensure that nothing is left to interpretation.

Who is at fault for a car accident?

In the case of a car accident, one person is usually designated as at fault for the collision. In this case, that person may not want to involve his or her insurance company, so they send an accident settlement letter promising to pay the other person’s damages. There are several reasons why this is a good idea, especially for a minor accident.

What should a letter state?

The letter should state that the payment is full and final, and that the injured party releases the responsible party from all present and future claims. The injured party should be given the opportunity to modify the letter if they wish. If they do modify it, both parties need to agree on the changes.

Should the person responsible for an accident act alone?

If this is the case, it is not recommended for the person responsible for the accident to act alone. They should consult a lawyer first. Before writing a car accident settlement, the responsible person should talk to the injured person and come to an agreement on the amount required to fix the damaged car.

Can you pay medical bills without a lawyer?

If there are medical expenses involved with a physical injury, the cost of any treatment must also be official and documented. It is not recommended to pay medical costs without consulting a lawyer first.

Can injured parties modify a letter?

The injured party should be given the opportunity to modify the letter if they wish. If they do modify it, both parties need to agree on the changes. The parties may want to sign the letter together in the presence of a notary public.

What to do if you accidentally say the wrong thing on your car insurance?

Getting assistance from your car insurance company's adjuster may help prevent you from accidentally saying the wrong thing, or saying more than you have to. Bottom line: If you're confident that any injuries and damages are minor and it's clear the other driver was at fault, you're probably better off speaking with the other driver's car insurance ...

What happens after a car accident?

After a car accident, you may receive a call from the other driver's insurance company, regardless of how clear it may be that the other driver was at fault for the crash. Even in situations where you're at fault, the other driver's insurance company could still contact you. Either way, you need to be careful with the information you provide to ...

What is the goal of the other driver's car insurance company?

First, always remember that the primary goal of the other driver's car insurance company is to pay out as little money as possible. The company does not have your interests in mind. It wants to find evidence that you were at fault for the accident, and that your damages or injuries are minor (or nonexistent). ...

What happens if you don't speak to your insurance company?

In those circumstances, if you don't speak with the other driver's car insurance company, it will be a long time before you get a settlement check from the other insurance company , if at all. Ideally, your attorney or a representative from your own car insurance company will talk to the other driver's insurer, but this isn't always possible ...

Should you tell your insurance company your injuries are minor?

So, you shouldn't tell the insurer that you feel fine or that your injuries are minor. Even if you believe this is the case, some car accident injuries don't show up right away, and minor injuries can turn out to be much more serious than expected. Second, anything you say to the other driver's car insurance company can serve as a basis ...

Should you talk to your insurance company about an accident?

The answer is less straightforward and will depend on the facts of your accident. Generally speaking, you shouldn't talk to the other insurance company when there is the potential for anyone involved in the accident (you, the other driver, a passenger) making a claim for serious personal injuries. You also shouldn't speak with ...

Do you have to speak to another insurance company after an accident?

Let's quickly answer the question that the title of this article poses: No, you are not legally required to speak with the other insurance company's representative. Speaking to your own insurance company after a car accident is a different story, however. Now the question is whether you should speak with the other driver's insurance company.

What is the hardest part of a car accident claim?

Negotiating with the adjuster is the hardest part of handling your own car accident claim. Most of the time, by negotiating with patience and persistence, you’ll be able to reach a fair settlement for your claim. But sometimes negotiations break down.

How many car accidents can you expect to have in your lifetime?

On This Page. Most Americans can expect to be involved in three or four car accidents during their lifetime. ¹. That means sooner or later; you’ll need to file a claim with an auto insurance company. When the other driver caused the crash, you expect their insurance company to pay your injury claim.

Can you handle a minor injury claim on your own?

However, you can probably handle a minor injury claim on your own, if you’re willing to take the time to organize your paperwork and learn how to negotiate. The negotiation phase of your claim begins when you send a written demand for compensation to the insurance company.

Can you use an attorney's letterhead for a claim letter?

Most claims adjusters are working on over a hundred claims at any one time, so you want your demand letter to stand out. While you won’t be using an attorney’s letterhead, there’s no reason you can’t craft your letter just as professionally as an attorney.

Michael Shemtoub

I agree with the other attorneys. Send the letter to your insurance carrier. They will help solve the problem. Good Luck Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalin...

Michael Raymond Daymude

Letters from attorneys requesting insurance information usually reference a date of accident, the name of the injured party, and a general description of the injury. That should give you enough information to refresh your recollection regarding how the accident occurred...

Marc Lazarus

Your insurance company will be able to tell if it is a legitimate claim it a false claim. I would let your insurance deal with it directly.