Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 226-3 7/24/2007

Filed 08/31/2007

Page 1 of 2 1

James McVaney 7085 Kiowa Road Larkspur, CO 80118-9114 Phone (303) 681-2745 Fax (303) 681-3440

State Farm Insurance P.O. BOX 280129 Lakewood, CO 80228 (720) 963-5716 Re: Claim # 06 3785 878 Date of loss 09-07-1997 Darala Lean: I am submitting this letter to claim "State Farm P4 coverage" (SFP4) lost wage benefits I am entitled to because of the Clark (and all others similarly situated) v. State Farm Mutual Automobile Insurance Company US Court of Appeals 10th Circuit 2005, decision regarding Extended PIP benefits and the timelines that is claim involves.
10-4-710(2)(a) of the No-Fault Act required State Farm Insurance to offer enhanced PIP benefits including:
(I) Compensation of all expenses of the type described in section 10-4-706(1)(b) without dollar or time limitation; or (II) Compensation of all expenses of the type described in section 10-4-706(1)(b) without dollar or time limitations and payment of benefits equivalent to eighty-five percent of loss of gross income per week from work the injured person would have performed had such injured person not been injured during the period commencing on the day after the date of the accident without dollar or time limitations.

While I was making approximately $1300 per week at the time I was injured. I will only use a figure of $1,000 per week for the sake of simplicity, and lack of knowledge, in general, and in as to if gross or net income is considered in these benefits. Under SFP4 this $1,000 per week calculates out to $868.75 per week that I am due for lost wages.
P4 coverage This coverage provides the same benefits as P8, except that it provides broader loss of income benefits. It pays 100% loss of income up to $125 a week, and up to 85% of loss of income over $125. This benefit is subject to the aggregate limit of $200,000. In contrast, P8 and P1 coverages limit loss of income benefits to $400 per week, up to a maximum of 52 weeks

According to my understanding of the Colorado Auto Accident Reparations Act, and to act completely in Good Faith I will only claim for the previous 156 week period. In 2004 I worked for 2 weeks (before quitting due to 9/7/97 injury) therefore only claim 21 weeks ($18243.75), 2005 and 2006 I claim 104 weeks ($90,350) and for 2007, because I worked for 4 weeks (before quitting due to 9/7/97 injury) only 25 weeks as of July 24th ($21,718.75). Therefore I am requesting the amount of $130,312.50 for reimbursement to me for lost wages over the last 156 week period. If these dates are improper, I would then amend them to go from 12/19/03 ­ present. This would amount to 182 weeks at a cost of $158,112.50 due for lost wage reimbursement.

JMM/jmm

EXHIBIT B

Case 1:00-cv-01841-LTB-KLM

Document 226-3 7/24/2007

Filed 08/31/2007

Page 2 of 2 2

I do not know what has already been paid by State Farm with regards to the medical treatments I have undergone, loss-wage benefits paid through CCIA, the disputed Vocational Rehabilitation benefits, or other expenses that affect the $200,000 aggregate cap. If this amount ($130,312.50), with the other expenses totaled in, reaches over the aggregate limit to the policy, please adjust it to comply with the aggregate cap limit. If your calculations show that I am due more, or less, please make the proper adjustments, and inform me of them before reimbursement is made. Furthermore, I have included as documentation a W-2 from 2004, a payroll check from Aug, 29, 1997, and a payroll sheet from R-Mack, Inc. If any more documentation is need from me please inform me immediately of what is needed so that I my get it to you as soon as possible. Additionally because of the time limits for me to file suit in this matter (the time limit being 9/7/07) I will expect a prompt payment of $130,312.50 or a response for failure to promptly reimburse. Failure of State Farm to do either of these will result in a letter of intent to sue, issued from me, without any attempt at arbitration, again because of the time limits involved, no later than August 17th, 2007.

James McVaney Injured Party

JMM/jmm