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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 6855
Experience:  Partnered in a personal injury law firm for approximately 30 years.
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Personal Injury and Bodily Injury Oct. 2014- I experienced

Customer Question

Personal Injury and Bodily Injury Oct. 2014- I experienced both bodily and personal injury from an auto accident on personal property at a retail shopping center. I am currently gathering medical bills. Also I experienced bodily injury to my vehicle. My question to you is there a formula to begin creating a demand letter? I had my vehicle evaluated for damage and the local body shop but did not have it fixed at the third party ins. company approved body shop.   The vehicle damage is almost 50% of the vehicle value, yet drivable.  At this point I am deciding to purchase a used vehicle and trade the damaged one on the trade or sell outright but have have not  closed the bodily nor personal injury claims.   Will trading in my vehicle create any kind of issues with the third party insurance company because the vehicle will no longer be present?  I have pictures and again the estimates were made by the body shop approved by the third party ins. co.   Could you send me web links of example demand letters for both bodily and personal injury and the formulas to calculate the value of the the personal and bodily injury claims?  I am aware of the personal injury claim statute runs out 12 mo. from the time of injury in TN.  Are there any statutes for bodily injury claims?

Also I have used my medpay for the personal injury bills and my medpay insurance company stated that my rates should not go up as long as the medpay insurance is reimbursed through subrogation by the third party ins. liable for the personal injury.   Also within the first 90 days of the injury the third party ins. liable contacted me around 3-4x per month via phone or letters about these two claims but I have yet to respond.  Is this wise until the demand letter is created for both claims?

Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Irwin Law replied 1 year ago.
Good Morning. Thanks for contacting Just Answer again. First, let me clarify some terms. Personal injury and bodily injury are the same thing. They refer to injuries that you sustained in the accident which required medical treatment. The damage to your vehicle is referred to as property damage. Third-party insurance carriers will very often pay for property damage to your vehicle before settling the personal injury claim. You can compare the difference between taking the repair estimate and then trading the car as is, or having it repaired first and then selling it. Each personal injury claim has to be evaluated on its own merits, and there is no set formula for calculation of the value. That is why it is usually best to retain a personal injury lawyer for that purpose. They have the experience to know what insurance companies are likely to offer in varying situations. They typically charge one third of the settlement amount, not including property damage to the car. They will almost always recover higher settlement than you would on your own, to the extent that their percentage fee will not cut into your net recovery.I hope that this information is helpful and that you will enter a positive rating.