The Importance of Writing a Good Car Accident Demand Letter
Your demand letter is an essential step in the negotiating process between you, the person who caused the car accident, and their insurance company. A car accident demand letter isIt’s a formal document that serves to notify them of what occurred, who was at fault, the property damage, any injuries and subsequent treatment you received, and lost wages.
Theis information you present in the demand letter is the cornerstone of your case and substantiates how you came up with the compensation you seek. In it, you want to professionally persuade the insurance company to accept your offer by providing convincing evidence that litigation will not go in their favor and that their best-case scenario is settling.
The best time to send a demand letter is after you reach Maximum Medical Improvement (MMI). Reaching MMI means that you have either fully recovered or your doctor feels that further treatment will not improve your condition. If you settle before this time, you cannot ascertain exactly what long-term medical care you may need and if any permanent damage resulted from the accident. Once you sign an agreement, you release the insurance company from any further liability, so make sure you’re fully healed or as close to it as possible before sending your demand letter.
Read on to discover how to write a demand letter that gets the desired results.
Gathering Essential Information
A well-documented case is the foundation of a strong demand letter. It’s essential to gather and organize the necessary information and evidence to support your auto accident claim. This information includes proving who was at fault as well as evidence demonstrating property damage and the extent of your injuries.
There is a lot of evidence to be gathered and presented if you’re going to write an effective demand letter for a car accident. The evidence used to support your claim includes Pphotographs of the scene of the accident and any visible initial injuries will help strengthen your claims about the severity of your injuries. Police reports and witness statements help to verify the at-fault party. Medical records demonstrate injuries, treatments, and costs. These records also pertain to pain and suffering and any permanent physical damage that may affect your earning capabilities or quality of life. If you’re missing a medical bill, the insurance adjuster cannot accurately evaluate your claim and will likely return with a reduced offer, so keeping accurate records is crucial.
Structuring Your Demand Letter
Insurance companies and lawyers deal with numerous cases. For this reason, it’s important that you both write a letter that stands out, and one that’s easy to read. To ensure you do this, include your claim number and contact information front and center. You also want to be succinct yet ensure you cover all the information the insurance adjuster needs to make a determination that hopefully goes in your favor.
The following represents the basic format to follow when writing your demand letter.
- Header: The header begins with your name, address, and contact information, followed by the date. Then, state the name and address of the insurance company. Be sure to indicate who the letter is intended for. For instance: “Attn: Adjuster John Smith.”
Write the insured, the date of the auto collision, and the claim number.
- Introduction: The introduction starts with the reason you’re sending the letter. In most cases, it will serve as a formal demand for a settlement in connection with the auto accident.
It also briefly describes the accident and subsequent injuries, lost wages, and any pain and suffering. This section provides the insurance adjuster with a short summary and reminds them that you were not at fault and that their client caused the accident.
- Body: The body is the meat and potatoes of your car accident demand letter. This is the section where you go into the precise details of the car accident and any injuries you sustained. For instance, instead of writing, “Your client, Mr. Jones, ran into the back of my car.” You would write out every detail in a manner such as this:
“On July 1, 2023, at 4 p.m., I was driving on Ridgewood Rd. to pick up my son from baseball practice. I stopped at the red light on Ridgewood Rd and Samway Ave. Your insured, Mr. Jones did not stop and was rear-ended by the Kia Soul at a high speed.” Then, you would proceed with all the details of that day, such as where you pulled over, Mr. Jones’ reaction, and who called the police.
While it may seem redundant and somewhat of an overload, demonstrating you have the exact facts will result in the insurance adjustor thinking twice about denying your claim and going to court. Make sure to include evidence to back up your claims, such as the police report, witnesses’ statements, and photographs.
In this same section, you report the damages to the vehicle and yourself, including any pain you experienced when you went to see the doctor and any follow-up visits. Did they perform X-rays or other diagnostics? Were you given any medication? As with the accident, anything you say here should be verifiable. You can usually confirm these facts through the medical records and billing. Include itemized accounting of your medical bills.
Now it’s time to discuss your job, lost wages, and any effect the accident had on your ability to do your job as required.
- Demand for Compensation: List out the damages. Damages amount to all the medical bills plus the losses you suffered. Pain and suffering represent how the accident negatively affected your life. This aspect of your demand letter can be challenging.
How do you put a dollar figure on the interruption it caused to your life and any sustained injuries? The pain they’re referring to here is the pain involved in the injury, as well as the mental anguish. Justify the amount with evidence.
- Consequences of Non-Compliance: State the legal actions you will take if they do not comply and how long you are giving them to respond.
- Closing: The closing is the recap where you restate how serious the claim is and your expectations regarding the receipt of money. End your demand letter emphasizing, again, how much time they have to respond. Typical deadlines are approximately 30 days from the receipt of the letter. There is, however, no legal deadline, and insurance companies may take weeks or months.
Writing Tips for an Effective Demand Letter
An essential tip when learning to write a demand letter is to be straight to the point, professional, and precise. State the facts clearly and demonstrate the evidence you have to back up your claim. This is not the place for doublespeak or emotional rambling. A professional letter lets them know you mean business and will back up your request with action.
Make sure you write your car accident demand letter in a respectful tone. Being confrontational could backfire and create an unwanted line in the sand. Always keep in mind your end goal and the best way to get there. Additionally, it’s better to aim high regarding your demand for compensation and leave some room for negotiations.
It’s much better to send a comprehensive legal demand letter right off the bat instead of emailing bits and pieces of it in a piece-meal approach. Once complete, read it over, checking for any errors in grammar or accuracy while ensuring it effectively communicates your case and your demands. The only exception is if you are still under care and need to provide updates and prognosis as treatment progresses.
Sending the Demand Letter
Send your settlement demand letter in a timely fashion or as soon as possible. This tells the adjustor you’re on top of the process and ready to move forward. If it’s held up due to continued treatments, send what you have and let them know that additional information will be forthcoming as it becomes available.
Make sure you send the demand letter in a manner that proves it’s received. The best method is to send it via certified mail with a return receipt. Before sending, make a copy of all the documents, including the letter and supporting information.
What to Do After Sending
Upon receipt of the demand letter, the insurance company may take one of several actions. If the demand letter serves its purpose, they will accept the demand and pay the requested settlement. If they need additional information before making a decision, they will ask for the required documents. In many instances, they will send a counteroffer. Lastly, and in the worst-case scenario, they will deny your claim.
Insurance companies usually respond to a demand letter within one to two months. If you have not received one by then, a follow-up may be necessary.
Receiving their response will determine your next course of action. If they agree to your settlement, your work is done. If they deny your claim, you will likely have to file a lawsuit and take them to court. If they come back with an offer, the negotiations begin.
For some, writing legal documents, learning how to write a demand letter, and going through negotiations can be overwhelming and stressful. If you are one of those people, remember that many attorneys offer complimentary consultations. Should you find a lawyer you’re comfortable with who understands your unique situation, be sure to ask if they accept contingency agreements, which means you’ll pay nothing out-of-pocket.
If the whole process feels overwhelming, Boost My Settlement can direct you to local attorneys, all of whom offer free initial consultations and contingency arrangements. Whether tackling the process on your own or turning to professionals for guidance, we’re here to help you navigate the complexities of car accident injury claims and their deadlines.
