Third Party Insurance Property Damage Demand

ocga 33-4-7 bad faith property damage demand.doc

USAA Insurance

April 22, 2012


SIMON & Faenza

Christopher Simon Attorney at Law

Victor J. Faenza


3535 Piedmont Road

Building 14, Suite 410

Atlanta, GA  30305

April 22, 2012


George Wiseman

USAA Insurance Company

9500 Fredericksburg Road

San Antonio, TX 78288

RE:        Our Client:        Diego Doe

        Your Insured:        Margaret Doe

        Date/Loss:        12/16/2009

        Reference #:        


Dear Mr. Wiseman:  

This firm and the undersigned represents Diego Doe with regard to his property damage claims for the above referenced incident. We have pulled NADA retail values and I am attaching the retail purchase price, adjusted downwards for his vehicle’s condition.

            As you are no doubt aware, you have a statutory duty to:  1) adjust third party property damage claims fairly and promptly; 2) to make a reasonable effort to investigate and evaluate a claim for property loss; 3) to make a good faith effort to settle with the claimant when liability of the insured to the claimant is reasonably clear. O.C.G.A. §33-4-7(a).

            Pursuant to O.C.G.A. §33-4-7, my client hereby demands $2,900.00 to settle the property damage claim. If you do not accept the demand within 60 days, we will file suit seeking the property damage. If the jury finds that the value of his car was totaled due to your insured’s negligence and meets or exceeds the $2,900.00, my client will be entitled to a statutory penalty of $5,000.00 in addition to his reasonable attorney’s fees. An ordinary reasonable juror is going to understand that when you total out a person’s vehicle, you owe the cost to replace that vehicle at a dealership and the demand does not even include the sales tax and tag fees.

My client looks forward to your prompt response.


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