Demand letter Include hospital charges my insurance company paid for?

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Demand letter Include hospital charges my insurance company paid for?

In writing a demand letter for an accident that was not my fault, can I include in my letter hospital charges my insurance paid for, or is only my out-of-pocket expenses that I list in the letter? In other words, does the car insurance company ignore paid hospital charges because I had health insurance coverage? Most sample demand letters mention listing all medical charges, even if I didn’t pay them directly. How does that impact the dollar amount I demand? Thank you

Asked on March 27, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Only out-of-pocket expenses. You are not allowed to receive back more money in total than your actual costs, expenses, losses, etc. (The law's goal is to "make you whole" or compensate you for losses--not to let you turn a profit.) Therefore, to the extent that any amounts were already paid for you (such as by health insurance), you cannot recover them again.


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