My lawyer has sent 2 demands letters since May 1st to the defendant and he havent respond yet or his insurance company. We are starting to beleive that he didnt let his insurance company know yet. We know hehave insurance because when he got the first demand letter he came to me and said that his attorney said he could lose everything and his premium. If he didnt have liability insurance would go up? So i know he have insurance. Why havent he respond to the demand letter? My lawyers would send them a copy of the letter they sent him but we dont know what insurance company he has. Any Info or advice?
Answer:
Your English is fine. I understand exactly what you are asking. I think English is your 2nd language. Your landlord's insurance company WOULD reply to a demand letter if they received it--even if they refused payment, they would respond. It is a very safe assumption that your landlord did not tell them about your demand letter. Demand letters are never ignored by insurance companies because it creates direct liability on the insurance company. Therefore, the only reasonable assumption is that the defendant is hiding the demand letters from his insurance carrier. Why he is doing that is kind of a fruitless question--I mean, who knows? Some people ignore problems and think they will go away. (That's a typical response of an alcoholic. for example). Do not fret about "why" questions. They often cannot be answered. You are right. There are hundred of insurance companies. Your attorney needs to engage in discovery. He should probably order the defendant to appear for a deposition and bring copies of every insurance policy he has. I do not recommend suing him yet. You need to get to that insurance company first. A deposition is an Order for a defendant to appear and answer questions under oath. It can be used with an Order to produce documents (the insurance policies). Ask your attorney to take that approach next. I'm worried the insurance carrier will deny coverage for non-notice.. My policies all say I can be denied coverage for failure to notify. It's time to take this case to the next level. There is a way to take a deposition before a suit is filed. Ask your attorney about starting some Discovery.
Your attorney should go ahead and file suit if no response within a reasonable time, say 60 days.
YOU don't do anything
Your lawyer knows what thay are doing - let them do their job
Go to court, get a court order to have him appear in court. If he doesn't respond, have a bench warrent issued. Your lawyer can explain what these are. Get a copy of the police accident report, it should have the name of his insurance company.
Your lawyer should already have contact with their insurance company and the adjuster or attorney for that company. The information should be on the accident report and you can certainly get that information from the Department of Insurance regulator in your state. Do some investigating on your own because it sounds like your attorney is asleep on the job. Good luck.
~English 101: when referring to the first or second person (yourself or the person to whom you are speaking directly) use the word "have." When referring to the third person (someone to whom you are not speaking, example: he, she or it) use the word "has."
I could not get past this grammatical error and therefore do not have an answer for your confusing question.
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