How do I proceed to re-submit my damages claim to other driver's insurance? Damages for my car and medical bills?

Asked over 1 year ago - Sugar Land, TX

I was in an accident. Filed a claim to other party insurer on day of accident. The insurance companies went to arbitration, after a few months, the results were I am 100 percent fault free. I am resubmitting my claim to the amount of the damages to my vehicle. How should I write a demand letter to include the medical bills too, or would that be separate? My health insurance sent me a letter advising of their right to Subrogation. Should I be adding their claims to my claim or would my health insurance take care of that on their own with the other party's insurance? I paid for the car repairs out of pocket.

Additional information

Is there a separation of whether my claim is for damages to my vehicle, versus to medical expenses? I want to get my repair bills paid/reimbursed, then medical bills.

Attorney answers (7)

  1. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . You are asking us to essentially do a demand letter for you. We can't do that, but I can say that this what people hire lawyers to do. You are probably entitled to more than you will ask for, and the insurance company will come up with all sorts of false reasons why you should get even less. A board certified personal injury attorney will help you on a percentage basis, and you will likely come out ahead. See an attorney before you send the letter. You only have two years from the collision to file a lawsuit, so don't mess around and get things all screwed up and then expect a lawyer to help you.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . I suggest you stop trying to handle this matter on your own. If you read your medical insurance contract, you, in all likelihood, have the obligation to satisfy the subrogation claim of your medical insurance carrier. They can sue you for breach of your contract with them by you not paying your subrogation lien.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. but

    This ans. does not create an attorney/client relationship.
  3. Kevin Coluccio

    Contributor Level 20

    9

    Lawyers agree

    Answered . Mr. Lundeen's advice is wise and I share that advice. You need to hire an attorney to assist you with the claim. Go to the "find a lawyer" tab and look for a lawyer in your community.

  4. David B Pittman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You would be best served by listening to the advice of the other lawyers and get a lawyer to help you with this.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Never a good idea to play lawyer. Have a local lawyer resolve this for you.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Brian Heath Crockett

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Anytime you are involved in an accident it pays to contact a lawyer to find out your options. Most lawyers have no problem reviewing the documents with you and letting you know if it merits their involvement. If it doesn't, then you have lost nothing. If it does, you are informed and can proceed accordingly. Based on your question it looks like you need help. I suggest you contact a lawyer to discuss. The insurance companies have adjusters and lawyers already discussing the value of your case. So should you.

    Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do... more
  7. Alan Dean Tysinger

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . You should hire an attorney to develop the demand letter and try to negotiate with the health insurance to reduce their subrogation, but if you elect to do it on your own, basically you want to rehearse the facts of the accident, hammer the liability arbitration finding, make sure you address the medical costs that were actually paid and not just the inflated amount they billed you, go over the details of how it has impacted your life (pain & suffering), lost wages, etc. (detailing all your damages). You can do this separately or with your property damage claim, but I am surprised your insurance didn't deal with that directly in the arbitration. At any rate, you should contact an attorney to make sure that all elements of your claims and damages are included.

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