Gainesville Attorney and an Injury Demand Letter

The below is a demand letter written by our Gainesville, Florida attorneys.  For more information about the injuries we handle, see a list here.
This firm represents the above-referenced client for any and all causes of action for damages resulting from or arising out of, the above referenced serious Collision (hereafter referred to as the “Collision”) with your insureds, their vehicle, and our client.  I noticed the driver and the owner of your insured car are different.  Notwithstanding any other representations in this letter, ALL THREE of your insureds need to complete the attached affidavit before we accept the policy limits for this claim.  See Subsection II. B. below.  In no circumstance will we settle this case without receipt and review and acceptance to our satisfaction of 3 completed affidavits.
Our client sustained multiple injuries and associated economic damages and pain and suffering. No further contact should be made with our client regarding this claim, and all future communications should be directed to the undersigned.

1. INSURANCE REQUEST

The purpose of this letter is to demand (A) securement and preservation of evidence; (B) all insurance information; (C) fair and timely investigation and analysis of this claim; and (D) immediate payment of any and all medical and other such type benefits pursuant to Florida Law.

1. Securement and Preservation of Evidence

You must immediately preserve (including no repairs or alterations since the above-referenced incident), maintain, secure, and store, and provide to us or make available for inspection any and all of the following that in any way may relate to the above incident:

1. Vehicles,
2. Black box from all vehicles,
3. Tires from all vehicles,
4. Parts of the vehicle that may have fallen off or been damaged by the Collision,
5. Photographs (all color photographs and/or recordings of any persons, vehicles (including those illustrating property damage), incident scenes, and otherwise relating to the above-referenced incident),
6. Repair estimates,
7. Cell phones, cameras, computers, tablets, netbooks, iPads, cans, bottles, objects, materials, and items in the vehicle,
8. Cell phone bills, invoices, and other such records,
9. Text messages, Tweets, Facebook, MySpace, Linkedln, and/or any other social media account entries 48 hours before the accident and any time after the accident,
10. Videotapes,
11. DVDs,
12. CDs,
13. Audio Recordings,
14. 911 Tapes,
15. Pictures,
16. Films,
17. Scans,
18. Voice Records,
19. Electronic Data,
20. Maps,
21. Reports,
22. Surveys,
23. Equipment,
24. Products,
25. Fixtures,
26. Floor Mats, and/or
27. Items and evidence that in any way relate or in the general vicinity to the above-referenced incident.

Any and all photographs, videotapes, DVDs, CDs, 911 tapes, audio recordings, pictures, films, scans, voice records, electronic data, and other forms of data must include, but not be limited to, all such items obtained or recorded 24 hours before the incident, during the incident, and 24 hours after the incident.
You must send us a copy of all repair estimates, work orders, and invoices for services relating to the repair or replacements. Again, no repairs, alterations, or changes should be made to any vehicle involved in this incident until we are provided with the opportunity to inspect and photograph them. Please immediately contact our office about scheduling a date and time for our office to photograph the vehicles.  Additionally, we must be provided with all data contained within the “black box” and/or access to the black box so that we can extract the data ourselves.
If you fail to secure and preserve each of these important and vital items of evidence set forth in this letter, we will seek any and all legal and equitable sanctions available against you. The destruction, alteration, modification, repair, or loss of any of the evidence demanded to be secured and preserved in this letter will constitute the spoliation of evidence under State and Federal laws. Consequently, it will give rise to a legal presumption that the evidence would have been harmful to your side of the case, and the judge in the trial may enter sanctions against you including striking of defenses and instructing the jury about this.

1. Insurance Information

Pursuant to the provisions of section 627.4137, Florida Statutes, you are required by law to provide us with the following within thirty (30) days from the date of this letter. The statute requires that you send us a copy of the policy (including the declarations page and all endorsements and exclusions), documentation, information, and an affidavit under oath from a corporate officer, claims manager, or superintendent specifying the below information for each policy of insurance (including, but not limited to, automobile, motorcycle, recreational vehicle, truck, homeowners, farm, or other policies that provide garage or general liability coverage including, but not limited to, excess or umbrella insurance for the party or parties involved in the above-referenced incident) that may in any way provide coverage for the above-referenced incident. For each policy, you must provide us with the following:

1. Policy Number of Each Insurance Policy.
2. Name, Address, and Telephone Number of Insurance Company for Each Insurance Policy.

3. Name of all Insureds for Each Insurance Policy.
4. Limits (Amount) of Liability Coverage for Each Insurance Policy.
5. A Statement of Any Policy or Coverage Defense that Insurance Company Reasonably Believes is Available to Such Insurance Company at the Time of Filing Such Statement for Each Insurance Policy.
6. Name and Telephone Number of Insurance Agent for Each Insurance Policy.
7. Copy of Each Insurance Policy, Including Declaration Page, All Endorsements, All Amendments, and All Exclusions claimed to be applicable.

In addition, you must immediately send to us any additional, amended, or supplemental documentation or information that may be discovered in the future relating to this demand.  You are required to send or have the insurance agent send this request for documentation and information to all insurers that may provide coverage. The above statements and information shall be amended immediately upon discovery of facts calling for an amendment to such a statement.
Further, if you are claiming that any person or entity covered by the above policies were either not the operator or the owner of the vehicle, please provide the name, address, and insurance information of the person that was the operator or owner of the vehicle.
As specified above, the foregoing documentation and information must be supplied to us within thirty (30) days from the date this letter, which was delivered to your office as evidenced by the certified receipt card.

1. Liability Coverage

With respect to your insured’s liability insurance coverage, we recognize that your company has a fiduciary obligation to your insured to conduct and complete a timely investigation and extend a good faith offer of settlement. Under the circumstances, we trust your company will do the right thing and we look for your company’s response within twenty (20) days from the date of this letter.

1. Persons or Entities that May Have Information About Incident, or Responsibility or Liability

Please also inform us of any person or entity that may have any information about this Incident or that may potentially have any responsibility or liability associated with this Incident. This information may help all parties to better understand the facts relating to this matter.

1. DEMAND FOR PAYMENT OF DAMAGES
2. Demand

Of course, we would like you to timely get us all the coverage and defense disclosure information prescribed by Florida Statutes. On the other hand, all we currently know is that our client suffered multiple injuries as a result of your insured slamming their vehicle into our client and causing significant injuries and damages.
 
I am certain that upon receipt and review of this letter, you and your insurance company will do the right thing and advise our office of any and all insurance policies.

1. Additional Requirements to Considering Any Offer

Further, before we are in a position to make any recommendations to our client (including but not limited to acceptance of the policy limits), as a material condition of acceptance of any offers of settlement, an affidavit executed by your insureds must immediately be provided and must include the following information:

• At the time of the incident at issue, identify where your insured was traveling from and traveling to.
• At the time of the incident, identify whether your insured was employed on the date of the crash in question; if so, identify the name of the employer, the employer’s contact information, and your insured’s normal working hours, as well as your insured’s working hours on the date of the crash in question.
• Confirmation your insured driver was or was not in the course and scope of any employment at the time of the crash, or in any way acting on behalf or for the benefit of and/or the betterment of any entity, agency, employer, employee, or as a representative of any similar individual and/or entity.
• Confirmation that your insured vehicle was not being operated in a joint venture with any other party.
• Confirmation that the vehicle involved in this crash was not owned and/or insured by anyone other than your insured. If so, provide identity and contact information for all owners/co-owners and insurers.
• Confirmation that the driver of your insured’s vehicle at the time of crash did not own any other vehicle. If so, describe in detail.
• If the answer to number 6 above confirms ownership of any other vehicle(s), confirmation that the owner and driver of your insured’s vehicle at the time of crash did not own a separate policy of insurance coverage insuring the owner/driver.
• Provide a listing of the policy number, policy limits, and insurance company contact information for all insurance coverage(s) that may exist, including but not limited to excess and umbrella coverage, available to your insured owner and driver that may potentially provide coverage for our client as a result of this crash.
• Confirmation that your insured owner and driver’s net worth, excluding his/her/ their homestead, is less than $10,000.00.

For your convenience, I have included a draft affidavit for execution by the owner/driver. Thank you for your cooperation and we look for your timely response. If you have any questions or comments, please call me.