If a mail carrier vehice hit your vehicle and totaled it, you can hold them responsible for your damages. They should cover the cost of your vehicle, so you can acquire a replacement. You will need to file a personal injury claim against the postal service to ask for compensation for your damages.
Personal injury claims are challenging, so you should enlist the help of an accident injury attorney who practices personal injury law in your state. You will need to send a demand letter to their insurance company to notify them that you plan to pursue a claim to recoup compensation for your losses.
Writing the Demand Letter
Your personal injury attorney will prepare this personal injury demand letter to send them to request that their insurance company cover the costs of your totaled car. The letter should contain the basics.
You should indicate the date, time, and location of the accident. Detail what happened and explain your losses. You should include a copy of the accident report and a copy of the estimate for repairing your vehicle as supporting documentation.
You need to show your losses, so you can ask for a specific dollar amount to cover your damages. The insurance company will not cover any damages unless you can show that the postal service is liable and that you suffered economic damages.
If you have any medical expenses, include medical bills, medical records, and proof of lost wages as well. You will need to cover all your damages in a single claim. Your lawyer will help you determine which damages you suffered in the accident.
The Sample Demand Letter
There are many damages that most likely resulted from your car being totaled after being hit. Here are a few of the most common damages suffered in such an accident:
- Property damages (the totaled vehicle)
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Permanent scarring and disfigurement
- Mental anguish
You will need to show that your vehicle was a total loss. You should also do research to determine the fair market value of your vehicle. The market value is based on your vehicle age, make, model, trim, condition, and mileage.
Look for comparative cars in your area that are for sale or that have been sold recently. Their insurance should base the fair market value on those numbers so you can get a comparable replacement vehicle.
Consult With a Personal Injury Lawyer
If you were in an auto accident and totaled your car, you should talk with a personal injury lawyer. With the help of an attorney, your odds of a successful personal injury claim will increase significantly. An accident injury lawyer will gather up the supporting documentation to prove that you suffered damages and will come up with a fair settlement amount.
A personal injury attorney can help you prove that the postal service or their driver was negligent, and that negligence caused your losses. Complete the Free Case Evaluation Form to have the details of your case reviewed by an attorney in your area.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx, or any other party, you may not be entitled to any compensation.
