If you are injured or have been caused some sort of harm that has resulted in requiring medical treatment, you may decide that you want to file a claim with an insurance company to pay for your damages. To do so, you need to write and send them a demand letter. This letter will be used as a point of reference during negotiations for liability and compensation.
What is a Demand Letter?
A demand letter is the central document in negotiating a hit and run, underinsured motorist settlement. If you were injured in a hit and run auto accident and the responsible driver did not have adequate insurance, you may have to file an underinsured motorist claim with your own insurance company.
Compensation from this claim can help you with any medical costs and living expenses that aren’t covered by your settlement with the other driver.
To file an underinsured motorist claim, you must write a demand letter that includes the details of the accident and an outline of your medical costs and send it to your insurance company. This letter will be used as a point of reference throughout your claims process.
A demand letter is an important document. A well-crafted letter provides the foundation for negotiating a fair personal injury settlement.
It is strongly recommended that you contact an experienced personal injury attorney before writing your hit and run, underinsured motorist demand letter. Their legal expertise can give you a significantly higher chance to receive the fairest personal injury settlement.
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Sample Demand Letter for a Hit and Run Accident with an Underinsured Motorist*
The following is a sample demand letter. It contains all of the necessary information your lawyer will need to include.
[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]
Dear Mr./Mrs. [Name of Claims Adjuster],
In response to our previous communication about the matter mentioned above, please accept this letter as my formal demand for settlement.
I have recently finished treatment for the injuries I sustained from an auto accident caused by the negligence of Mr. Gary Peters. Mr. Peters was driving on Route 4A in [insert location] when he went over the guardrail and hit me head on at full speed.
On October 20, 2015, I was driving on Route 4A, which is a three-lane highway. Mr. Peters was sending a text message on his phone while driving, which caused him to lose control of his vehicle. After hitting my car, causing me to hit my head with great force, Mr. Peters fled the scene.
I was taken by ambulance to Steady Memorial Medical Center in [insert address], where I was treated by ER doctor Vance George. Dr. George performed an MRI scan to check for brain damage, took x-rays, and treated my head injury, some broken bones, and minor cuts and bruises. I had to have surgery to relieve a small buildup of fluid on my brain due to the brain injury. Dr. George prescribed me two pain medications [name the medications] and recommended I stay home from my job for two months to recover.
I also attended physical therapy at Bridgeton Falls Recovery Center at [insert address], where I was treated by occupational therapist Linda Williams for six weeks.
The expenses for my injuries and therapy are outlined here, and in the attached medical bills.
Ambulance Transport: $150.00
Steady Memorial Medical Center: $750.00
Dr. Vance George: $460.00
MRI Scan: $289.00
Prescription Pain Medication: $174.00
Physical Therapy, Six Weeks: $1,499.00
Dr. Linda Williams: $640.00
Mr. Peters was found to be negligent and responsible for my injuries. His liability insurance happened to have a policy limit of $8,000.00, so there is still a substantial amount of my medical care that is not covered by his insurance. I also lost out of two month’s worth of my salary at Breakwater Real Estate, Inc., totaling in $6,000.00. Therefore, under my Underinsured Motorist policy coverage, I am requesting $10,000.00 as compensation for my injuries.
I appreciate a timely response and expect to hear back from you in no later than 30 days from this message.
[Your Name – printed]
Note that by asking for an amount that is larger than your combined medical expenses and missed wages, you leave some space to negotiate a fair amount of compensation.
*Getting Help with Your Underinsured Motorist Claim
Your insurance company will probably investigate the details around your claim thoroughly, but they are required to act in good faith. If they take an argumentative approach to your claim, they could be in violation of this responsibility.
A lawyer can help you file a successful underinsured motorist claim with your insurance company. They can help you: