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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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My parked car was struck by another car and the insurer

Customer Question

Hi. My parked car was struck by another car and the insurer of the other car will not honor my claim because they say: "Our letters and calls to the person we insure have not been answered or returned." My insurance company suggests I send a registered letter to the woman who hit my car asking her to respond to her insurance company, but I don't know what to say in the letter and am afraid of saying the "wrong thing" if later I need to sue. can you advise me briefly what to say or not say in such a letter. Thank-you.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 6 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. While we usually can't tell someone what to write or not to write, a letter like this would be a narrow exception.I think you would be safe in writing a letter that said something along these lines: Dear Ms. Smith:As you know, I am the owner of the 2012 Dodge Charger which was struck by your vehicle on (INSERT DATE OF COLLISION). My car sustained damages which I have been in contact with your insurance company to try and get repaired. Unfortunately, they are telling me that they cannot assist me in my claim until you contact them so please accept this letter as my formal request that you contact your insurance company immediately upon receipt of this letter. I am sending this letter by both regular and certified mail, return receipt requested and will assume you have received the letter by (INSERT DATE THREE DAYS AFTER THE DATE SHOWN AT THE TOP OF THE LETTER). I will then allow an additional seven (7) days following that date for you to contact your insurance company and for them to contact me. If I have not heard from them by (INSERT THE CALCULATED DATE) then I will have no choice but to assume you and/or the insurance company do not want to resolve the matter amicably and will retain counsel and proceed as necessary and will seek all damages available under law. Thank you in advance for your courtesy and your cooperation.YOUR SIGNATURE I think this will cover all of your needs and doesn't say anything that should cause any issues for you.If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.
Expert:  Dwayne B. replied 6 months ago.

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