If you have been involved in an auto accident, a demand letter is a good way to get the other party’s attention. When you send a demand letter, you are basically telling the other party that you hold them liable for the damages, which damages you suffered, and how much compensation you want from them.
A demand letter is usually sent after medical treatment has been finished, or it can be sent earlier if you are going to need ongoing care that reaches past the statute of limitations for pursuing such a claim.
When you send the demand letter, you will need to send supporting documentation that shows your losses. Here are a few examples of those documents:
- Medical bills – hospital, physician, x-ray and scans, dental, chiropractic, and so forth.
- Receipts for related expenses – This might include crutches, prescriptions, and similar items.
- Copy of the accident report
- Statements from any eyewitnesses
- A letter from your employer documenting missed work and lost wages.
You want your demand letter to stand out and clearly state the facts. An insurance adjuster will be dealing with multiple claims at once, and you want your claim to get the attention that it needs and deserves. You want to get a fair settlement without having to go to court unless court is a must.
Basic Things to Do
Your letter should be typed on plain white bond paper, so it looks neat and professional. Make sure there are no misspellings or grammatical errors. You will want to send the letter by the postal service via certified mail with a return receipt requested.
Try not to use the word accident, since the term accident might imply nobody was at fault for what happened. The term collision might be better when you are asking to recover compensation for your damages. While you are not suggesting the incident was intentional on the other party’s fault, collision keeps out the notion of it sounding like a chance event.
When writing your letter, make sure you include the name of the insured, the name of the claimant, your date of birth, and the date of the collision.
The Format of the Letter
At the top of the letter, include today’s date and your mailing address. You will need to include the basic details, such as the claim number, insured’s name, claimant’s name, claimant’s birthdate, and the date of the collision.
Next, you will write an introductory paragraph that summarizes your damages. Such as medical expenses, lost wages, pain and suffering, and other out-of-pocket expenses.
The next few paragraphs will be a statement of facts that summarizes what happened. Then move on to discuss the injuries and treatment. Then detail the pain and suffering that you suffered because of the accident.
Do a bullet list of attachments and then itemize your damages.
Consult with a Personal Injury Lawyer
If you have been involved in an accident that left you with damages, you should consult with a personal injury lawyer. A lawyer will review your claim and help you with your demand letter, aggressively pursue your personal injury claim.