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I was involved in a car accident in NJ 3 months ago. The police

officer found me not at...
I was involved in a car accident in NJ 3 months ago. The police officer found me not at fault. I have approx. $1200 out-of-pocket expenses, which my insurance company seems reluctant to reimburse. What can I do?
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Answered in 7 minutes by:
9/30/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,599
Experience: Lawyer
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Typically, if you were not at fault, it is the other party or their insurance company that would reimburse you for the out-of-pocket expenses. The recourse here is to sue the other driver for negligence. Before doing that, you may want to consider sending a demand letter to the other driver, with a copy to his insurance company, insisting that they reimburse you for the damages they caused. If you win a judgment against the other driver, his insurance company will pay it.

The other option is to contact your insurance company and talk to a supervisor to determine why they won't cover the claim. But most insurance contracts state that the insured can only sue the company if they deny a claim in bad faith. It usually isn't bad faith if the other party is responsible and has insurance.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

I could use some help in the wording of the demand letter. Can you help?

We unfortunately are not able to write letters for you. This article may help.
http://www.nolo.com/legal-encyclopedia/write-winning-demand-letter-29858.html

Here is a sample that you may be able to use to help write something based on the facts of your situation.
http://www.after-car-accidents.com/sample-demand-letter.html
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Customer reply replied 4 years ago

To whom should the demand letter be sent? you advised it be sent directly to the other driver and a copy to his insurance company. The sample letter indicates it be sent to the other driver's insurance company ony.

Usually, you're negotiating with the insurance company. It doesn't hurt to let the other driver know that you may sue him if his insurance company doesn't cooperate.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,599
Experience: Lawyer
Verified
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Lucy, Esq.
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