My son was in a car accident about 2 years ago, and it was never determined who was at fault because both parties claimed they had the green light. Out of nowhere, we just got a letter from our insurance company saying the other party is now pursuing a claim for bodily injury through a law firm. They attached a demand letter mentioning ‘physical, mental pain and suffering.’ Has anyone dealt with something like this? Any advice?
That sounds stressful! Did they say how much they’re asking for in the demand letter?
Addison said:
That sounds stressful! Did they say how much they’re asking for in the demand letter?
Not exactly! They didn’t specify a number yet, but they did mention our policy coverage limits. I’m guessing it’ll be within that range.
@Arden
That’s pretty common. They’ll usually aim for a settlement just below the policy limit so the insurance company avoids going to court.
Are they claiming this is all from the accident? Two years feels like a long time to start pursuing this.
Ansel said:
Are they claiming this is all from the accident? Two years feels like a long time to start pursuing this.
Yeah, I thought the same thing. It might have to do with the statute of limitations running out—they’re filing just in time.
@Arden
Exactly. In Ohio, the statute of limitations for personal injury is 2 years, so they’re probably rushing before it expires.
@Arden
Makes sense now. They’re probably hoping you’ll just settle quickly.
Have you reached out to your insurance agent yet? They should be able to guide you on the next steps.
Ari said:
Have you reached out to your insurance agent yet? They should be able to guide you on the next steps.
Not yet—we just got the letter yesterday. We’re planning to call them soon to figure out what’s going on.
Ari said:
Have you reached out to your insurance agent yet? They should be able to guide you on the next steps.
When you do, make sure to ask if they’ve assigned an adjuster or legal counsel yet. They should handle most of it for you.
FYI, these claims often include stuff like emotional distress. Did they mention anything specific in the demand letter?
Lyle said:
FYI, these claims often include stuff like emotional distress. Did they mention anything specific in the demand letter?
Yeah, it mentioned ‘physical, mental pain, and suffering,’ but no specifics. I’m assuming they’ll include medical bills too.
@Arden
If they’re claiming mental pain, they might bring in a psychologist’s statement. Keep an eye on that.
Do you have any documents from the accident—like police reports or witness info? That could help your case.
Teo said:
Do you have any documents from the accident—like police reports or witness info? That could help your case.
We have the original police report but no witness info. It’s been two years, so IDK if we can find anything new.
@Arden
The insurance company might have records of anything filed at the time. Worth checking with them!