Need examples of 'Demand Letter'/ Auto Insurance claim denied?

Need examples of 'Demand Letter'/ Auto Insurance claim denied?

A woman in a Lexus failed to yield at her stop sign (private property, shopping mall in TX), and damaged my little car.(Car is Totaled according to the estimate, but still driveable).She obfuscated, and so her insurance refused to pay a dime without even sending an agent to look at my car.I had no injuries, just the car damage.My photos show it all pretty clear. Would appreciate advice/ samples of Demand letter.


do you have insurance? contact your agent for helpif not, then you'd better get an attorneySource(s):ret agt


Everyone is saying to get an attorney or go to small claims court but those are not going to be very good solutions for resolving this dispute.1.) It is going to be hard to find an attorney to take your case because the amount of the claim is too small. Attorney don-t like working for small money.2.) Any attorney that is going to the take the case is going to be unwilling to actually press the case to trial because the cost of going to trial is going to be way higher than the actual money being pursued. This is going to cause the attorney to negotiate your claim and accept a reduced settlement so they can avoid actually going to court.3.) The attorney is then going to take 1/3 of your reduced settlement further reducing the money you will actually get.4.) Once a lawyer gets involved in your case, the insurance adjuster is obligated to get an attorney to protect their client. That is going to result in your claim being drug out over years.5.) For that same reason, if you go to small claims court, the insurance company is going to hire an attorney to move the case out of small claims court. You will no longer be able to represent yourself and you are going to have to hire an attorney causing all of the frustrations mentioned above.The best alternative to getting an attorney is to higher a subrogation company that is a member of "intercompany arbitration." They can file a legally binding arbitration against the insurance company for you and force them to pay your claim if they win. It is way cheaper than getting a lawyer, way faster, and the subrogation company won't try to negotiate away your money. I did this when a guy ran a red light and t-boned me. The other guys insurance company refused to accept liability because they could not find their insured to talk to him about the accident. That went on for 3 months! I hired a company called Cerberus Subrogation Professionals. Their website is if you want to get in touch with them. They did a really good job for me.In response to your follow up question concerning forcing a claim out of small claims court. I do not have a specific case to cite for you. I know it happens though. The insurance company I used to work for did it quite a few times. They would call one of the law firms they use all the time and ask them to do them a favor. The firm would send out one of their young associates to either blow the private individual out of the water or they would have it moved to a higher court to use the cost of litigation to deter the other party. I am just throwing it out there as a possibility. When it comes to a legal battle against an insurance company, chances are you are outgunned. That is why I liked the subrogation company. You have an arbitration specialist going up against a claims adjuster as opposed to a legal laymen going against an attorney.


I am assuming you actually had a conversation with the claims rep, and they explained in detail why they out right denied your claim. Are you saying that she denied being involved in the accident? If your vehicle was totaled, there should be some damage to her vehicle. Does the Point of Impact line up? The insurance company should be completing a proper investigation. Apparently, they are not.Texas remains a modified comparative negligence state, and as long as you are not more than 50% at fault for an accident, you should be able to recover 50% or better.Texas also has a No Pay, No Play statute, but this usually means you cannot recover for non-economic damages. The damage to your vehicle should be covered.May I suggest that you contact her insurance company and ask to speak to a supervisor. Get the denial in writing. You can then file a complaint with your state's insurance commissioner.Otherwise, as suggest, file a small claims action against the owner of the vehicle. The insurance company will defend her, but they may consider at least a compromise settlement.Source(s):Claims - 21 year.


Dump it all back in the lady's lap! Tell her that if her insurance doesn't get things taken care of by friday, You are going to sue her for the full price of your car. Just see how fast the crap stops and the help begins! GOOD LUCK !!



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