Write a Winning Demand Letter
To settle your insurance claim, you must craft a convincing demand letter. Here are some tips.
The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:
- what your injuries were and are
- why the other person is legally responsible for your injuries
- what your medical treatment was and how much it cost
- what your income loss was
- what other damages you suffered, and
- why you qualify to make a claim against someone else under no-fault automobile insurance, if that applies. (For detailed information about no-fault automobile claims, see How to Win Your Personal Injury Claim, by attorney Joseph L. Matthews (Nolo).)
Your letter should conclude with a demand on the insurance company for a lump sum to settle your entire claim.
What to Emphasize in Your Demand Letter
Before beginning to write your demand letter, review your notes from the days and weeks following the accident to remind yourself of the details -- your pain, discomfort, inconvenience, disruption of life, and medical treatments. (See Take Notes After an Accident or Injury.) Then concentrate on the following elements as you draft your letter.
Liability
Start by describing how the accident happened and why the insured person was at fault. In plain language, briefly describe where you were and what you were doing immediately before the accident, then how the accident occurred.
You should also mention any outside support you have for your theory -- such as a police report, building code section, or eyewitnesses' statements.
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