Q: Letter demanding payment for car accident injury
I live in Oregon and I just got a 30 day written demand letter for $10,000 in payment for damages exclusive of PIP for a personal injury claim. After those 30 days, they will file a lawsuit under ORS 20.080. They sent her medical records and bills in a CD and the total medical charges on her are $10,156 while the insurance paid $9,834. The letter was sent July 21st 2016 for an accident that took place November 22, 2014.
Being a full time student and under my dads business insurance plan (he owns his own small business), I was wondering if anyone had any advise on how i could proceed. I only have $300, don't have a car under my name, live at my parents and do not have a job yet as I mainly help my father with his business. If i do file for bankruptcy, would there be any backlash towards my father? If not, is there any other alternatives to bankruptcy I could take?
A: When you say you are under your dad's business insurance, if you mean his auto insurance, then just send this to your auto insurance carrier. They likely already have this, but this is just a tool attorney's use to try and get the insurance companies to skip the BS and get to a fair settlement faster.
1 user found this answer helpful
A: The attorney may be filing a lawsuit against you and against an insurance company. Most attorneys do not want to file a lawsuit against a college student only. If you owned the vehicle and you were the driver, your father should not be impacted by either the potential lawsuit or the potential bankruptcy. You may want to sit down with a bankruptcy attorney to discuss your options. If you had liability insurance, your insurance company will handle this matter along with any potential defenses if a lawsuit is filed. Good luck.
1 user found this answer helpful
A:
First, you don't want to respond--you may say something that isn't helpful. You need to make a copy and give this to the insurance--send it by registered certified return receipt to the adjuster handling the claim.
If you want to be courteous just respond with a simple letter "Dear ________,
as you may know the adjuster on this claim is __________; their claim number is ____________, their address and phone number are___________"
That's it. SAY NO MORE.
That's what your dad pays insurance for. His rates may or may not go up depending on if they have a first accident program. Bankruptcy is the last thing you want to consider.
Also understand your dad's insurance will want to get a release releasing you, your dad,his company for any payment they make.
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