If you’ve gone through all the other steps recommend in the Car Crash Kit articles, from an initial request for a Diminished Value settlement offer, to multiple counteroffers, and finally to making a complaint to the Department of Insurance, and you still haven’t gotten a fair offer, then there is one more step you can take to put pressure on the insurance company, and this is to contact their insured, the other driver who caused the accident. 

So far, the other driver hasn’t been involved in this process at all, despite having caused the accident. Ultimately, it’s their responsibility, so the fact their insurance company isn’t taking care of your claim is exposing them to a lawsuit. The idea of being sued despite paying premiums to their insurance company is bound to make them unhappy.

Your task is to inform them of how their insurance company’s failure to treat you fairly is exposing them to a lawsuit. If you show them that their insurance company isn’t following the law, they may be inclined to contact their insurance company and demand to know why not. That may push the insurance company to make you a fair settlement offer. 

Write a letter to the other driver, including their address, phone number, and email on the letter.

  • Include your own name, contact information, and the claim number.
  • Write “NOTICE OF PENDING LAWSUIT,” which informs them of the seriousness of the situation.
  • After that, include the following information, which you already collected in previous letters:
  • The Arizona case law regarding diminished value.
  • The financial consequences you’ve suffered because of the accident.
  • The fraudulent comps their insurance company tried to use to justify their low diminished value settlement offer to you.
  • The consumer complaints you’ve found about their insurance company’s methods of evaluating comparative vehicles.
  • The fact you’ve filed a complaint with the Department of Insurance and that the insurance company is currently under investigation as a result.
  • At the end, politely ask the other driver to contact their insurance adjuster and ask their insurance company why they aren’t following Arizona law. Write the insurance adjuster’s contact information right there to make it easy for them to contact the insurance adjuster.

If you’d like some help going through this process, a Car Crash Kit can provide you with form letters that include relevant Arizona case law and statutes. Also, included in your Car Crash Kit will be directions, suggestions on how to respond to common insurance company arguments, and how to settle your diminished value claim after you receive a fair settlement offer. The cost for a Car Crash Solo is only $19 per month and can help you recover hundreds to thousands of dollars more in compensation.

To see if your property damage qualifies for diminished value compensation just take our Free Quiz below.  

Legal Disclaimer: This article provides general information and should not be taken as legal advice. This article is an advertisement.