Getting into a collision with a drunk driver is always a serious worry. If you were injured in an auto accident in which the other driver was intoxicated, you can file a personal injury claim that can help you cover your medical expenses and other related costs.
To file a successful claim, you first need to write and send a demand letter to the other driver’s insurance company. This letter should include any related medical records, attached bills, and a detailed account of the incident. A thorough demand letter is important because it acts as a point of reference throughout the process.
Sample Demand Letter
Below, you’ll find a sample demand letter that includes the information and details you should include in a demand letter of your own.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Collision Took Place]
Please accept this letter as a formal demand for compensation in the matter mentioned above.
I recently finished intense medical treatment for my severe injuries caused by the negligent and reckless driving of your insured, Mr. Paul Echols. As you know, Mr. Echols was driving with a blood alcohol level of 1.9, which is a full 1.1 points over the legal limit in this country. Mr. Echols’ intoxication caused him to careen over a median on Highway 1A in [insert location], hitting me head on. Therefore, Mr. Echols is solely responsible for my injuries from this collision.
On the early morning of January 1, 2016, I was driving on Highway 1A to get to work. I saw the bright headlights of Mr. Echol’s car before he drove over the median, hitting the front of my car. My nose and some of my ribs were immediately broken due to the deployment of my airbag, and I suffered from a sprained neck and cuts and bruises.
I was taken via ambulance to Johnson General Hosptial at [insert address], where I was treated by the ER physician, Dr. Jennifer Colby. She treated my broken bones, sprained neck, and various minor injuries and performed some x-rays and an MRI scan to check for any further complications. She also prescribed me a pain medication, [name the medication]. She recommended that I stay home from my job at the Fullbright Hotel for four weeks and complete one week of physical therapy at Silver Bridge Therapy at [insert address], where I worked with physical therapist Dr. Dee Williams.
The attached medical bills outline the costs of my treatment, including:
Ambulance Transportation: $100.00
Johnson General Hospital: $400.00
Dr. Jennifer Colby: $325.00
MRI Scan: $326.00
Prescription Pain Medication: $78.00
Silver Bridge Therapy, six days: $678.00
Dr. Dee Williams: $311.00
Due to the reckless drunk driving of your insured, Mr. Echols, I experienced severe pain and suffering and missed work for one month, in which I lost out on $3,150.00 of my hourly wage. This prevented me to comfortably cover my bills and living expenses. Because of this, I am requesting compensation for these costs in the amount of no less than $7,000.00.
I appreciate a response in no later than 30 days from the time of this correspondence.
[Your Name – printed]
Notice that the total amount of compensation requested is more than your combined medical costs and lost wages. This is because by asking for a larger amount of money, you are leaving room for negotiation to ensure you receive a fair settlement.
Get Help with Your Personal Injury Claim
For personal injury cases that involve severe injuries and drunk drivers, it may be a good idea to retain a personal injury lawyer. A lawyer can help you write your demand letter, gather your medical evidence, and successfully negotiate a fair settlement.