I was rear-ended and my wife was in the car with me. We both have the same insurance overage under the same policy. I am now beginning to draft my demand letter and about to send my notification letter stating my intent to pursue a claim against the at-fault insurance company (driver who rear ended me).
Question is… do I write two separate notification letters and two separate demand letters for two separate claims? Or am I supposed to combine both mine and my wife’s claim and demand letter together? Also, am I correct in that my wife cannot make a claim against our own insurance policy? Any advice is greatly appreciated! Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
While your facts don’t mention if you or your wife sustained injuries, from the import of your letter we will assume you both did sustained injuries. Presuming that’s the case, you and your wife should write two separate notification letters.
While the substance of the letters will be quite similar, the insurance adjuster will need two separate letters for the two separate files he or she has on the both of you.
You will also need two separate demand letters. The demand letters will be more different, as it’s unlikely you and your wife sustained identical injuries or were responsible for the identical medical, chiropractic, or dental bills.
You wife can certainly make a claim against your own insurance company if you or she carried uninsured or underinsured coverage. That is the purpose of those types of policies or “riders” to your primary liability and property damage polices.
Be sure before writing your demand letters you have completed all of your respective medical, chiropractic, and/or dental treatment. Or if not, that you have both reached a point where additional medical care will not substantially aid in your recovery.
About the time you and your wife settle your respective claims, you will be required by the insurance adjuster to execute two separate releases. These releases will forever bar you from reopening your respective claims.
Finally, if your injuries were serious, including fractures, head trauma, 3rd degree burns, gashes requiring surgery, damage to internal organs, or similar injuries, you should NOT negotiate your settlements without the advice and counsel of an experienced personal injury attorney.
There is too much at stake in serious injury claims. In almost all serious injury cases, even after an attorney deducts his or her legal fees, clients receive substantially more money than they might negotiating the claim in their own.
Learn more here: What to Do After Rear-End Collision
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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