<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by KaraKennedy:
I am about ready to sit down and settle my auto accident claim with the insurance company - WHO GOES FIRST?
DO I tell them how much I want FIRST or does the Insurance Company tell me what they will pay first???
Should I have them go first or should I go first???
I have a lawyer but I just want a second opinion!!!!!!!!!!!!!!!!!!!!!!!!!!!!<HR></BLOCKQUOTE>
My response:
If you have an attorney, why are you "about ready to sit down and settle my auto accident claim"? That's your attorney's job.
In California, the "customary" practice is to write a "Demand Letter" stating the facts of the accident, describe and attach medical specials (reports and bills), property and work related losses, the effects on the claimant's life, among other factors, and a dollar amount "Demand" for settlement and why you believe such an amount is fair and reasonable. Again, that's the customary practice. The insurance code, however, states in effect that it is the insurance company's duty, by law, to make the first "reasonable" offer to settle after receipt of all documentation and other proofs, and negotiations, if any, take over from there. It's rarely done that way, but it is the law nonetheless.
IAAL
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