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Demand letter, What to include

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Yuke

Member
What is the name of your state? California

I'm a patent attorney doing a favor for a friend by writing a demand letter when a car he loaned for a Playboy film was damaged. I know there's a proof of attorney-client relationship letter or form I'm supposed to provide with the demand letter. Anyone know where I can find a sample or reference.
 


I AM ALWAYS LIABLE

Senior Member
Yuke said:
What is the name of your state? California

I'm a patent attorney doing a favor for a friend by writing a demand letter when a car he loaned for a Playboy film was damaged. I know there's a proof of attorney-client relationship letter or form I'm supposed to provide with the demand letter. Anyone know where I can find a sample or reference.


My response:

Here you go. If there's anything else I can do for you, please let me know.

IAAL

=====================================


DESIGNATION OF REPRESENTATION
By Claimant [1]

To Whom it May Concern:

Pursuant to California Department of Insurance Regulations Section 2695.2(c), I, [name of client], a claimant in this matter, do hereby designate [name of attorney] and the Law Offices of __________________, as my representatives for all purposes concerning my claim, who are now authorized to handle my claim, arising from an incident occurring on or about _______________.

I understand that this Designation must clearly show that I have authorized the designated person to handle the claim, be transmitted to the insurer, and is valid for one year from the date of execution. I further understand that I may renew or revoke this Designation provided the renewal or revocation is in writing, signed and dated by me and clearly indicate that the prior Designation is to be either renewed or revoked.

I hereby revoke all prior Designations and that this Designation shall and will supersede any and all such Designations dated before it.

I have received a copy of this Designation of Representation, and know the contents of it, and that a copy hereof is valid as an original.

I declare, under the laws of the State of California, that the foregoing is true and correct. Executed by the below-named Claimant on the date hereafter set forth, in the County of Los Angeles, State of California.


Dated: _________________ _______________________________
[1], Claimant
 
M

mskslr

Guest
Thanks for letter...

Thanks for your good rep letter. How are you treating the 2 yr. statute of limitations? Retroactive? So, if accident occurred Dec. 2001, it may not be barred?
Thanks,
Karen
 

I AM ALWAYS LIABLE

Senior Member
Re: Thanks for letter...

mskslr said:
Thanks for your good rep letter. How are you treating the 2 yr. statute of limitations? Retroactive? So, if accident occurred Dec. 2001, it may not be barred?
Thanks,
Karen


My response:

Karen, you're not understanding the above post.

The above letter is merely a letter from a client to an insurance company confirming that a particular attorney is the attorney representing that particular client. That's all. It's a required letter by virtue of the California Insurance Code, by the California Insurance Regulations - - Title 10 - - when an attorney represents a claimant.

The attorney's representation to the insurance company is a separate letter written by the attorney on behalf of the client.

Second, writer "Yuke" is not making a "bodily injury" claim; so, California's 2 year Statute of Limitations does not apply. In this instance, Yuke only wants to make a "property damage" claim for his client/friend, and California's 3 year Statute of Limitations applies in that regard.

IAAL
 

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