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Need help with legal letter

The TVClubHouse: General Discussions: 2004 May - July: Need help with legal letter users admin

Author Message
Pamy
Member

01-02-2002

Sunday, July 04, 2004 - 5:33 pm   Edit Post Move Post Delete Post View Post    
I have a rental house in MO, the renters left a paint rag in a can and caused a fire that destroyed most of the house.

My insurance went after their renters insurance and they paid them the 40,000 (max on my policy, yes I was an idiot and never raised it when I took over after my mom died, this was all new to me).

The repairs are costing 41,500 plus I have lost rental income (375.00 mo) for the last 5 months.

My insurance co told me to write a letter to the renter's insurance co and demand payment for the difference and for the rental loss.

Any ideas on how I should word the letter??

Thanks!!

Lkunkel
Member

10-29-2003

Sunday, July 04, 2004 - 7:35 pm   Edit Post Move Post Delete Post View Post    
Pamy: You are basically writing a demand letter. The only samples I had at easy access were for PI cases. I'm sure I have others, but not accessible at the moment.

However, Nolo had this advice:
1. Start by quickly reviewing the history of the dispute. At first this may seem a bit odd; after all, your opponent knows the story. But remember: If you end up in court, the letter can usually be presented to the judge, who doesn't know the facts of your dispute.

2. Be polite. You catch more flies with honey than by hitting them over the head with a mallet. Absolutely avoid personally attacking your adversary (even one who deserves it). The more disparaging you are, the more you invite the other person to respond in a similarly angry vein. Instead, you want the other person to instead adopt a business-like analysis:

What are my risks of losing?
How much time will a defense take?
Do I want the dispute to be made public?
With luck, the other party will decide it makes sense to compromise.

3. Use a computer or typewriter and keep a copy.

4. Make it clear exactly what resolution of the problem you want. For example, ask for a specific amount of money to be paid by a set date, or for the other person to do something specific, such as fix a botched home repair job.

5. Conclude by stating that you will file in small claims court if your demand is not met.

Hope this helps, myicon

Pamy
Member

01-02-2002

Monday, July 05, 2004 - 2:32 pm   Edit Post Move Post Delete Post View Post    
Thanks Lk!