Car Accident Where Fault is Disputed - Sample Demand Letter

Car Accident Where Fault is Disputed - Sample Demand Letter

January 4, 20xx

Ms. Penny Haden
Dakota Insurance
P.O. Box 94393
Fargo, ND

Re: Your insured: Sarah Hittle
Date of injury: January 19, 20xx
Your file number: 3DD-3334 [NOTE: Always use the insurer's file number on all correspondence.]

Dear Ms. Haden:

I have finished treating and so I am enclosing all of my medical records and bills on this case. [NOTE: The adjuster will not consider your demand until he/she has your entire medical file.] As you know, I was driving my vehicle on 6^th St. in Fargo around 5 PM, when I was hit by your insured as she was pulling out of her driveway. I understand that she completely disputes my recollection of events, so I would like to lay out all of the events of the incident so that you can understand where I am coming from [NOTE: In a case where the insurer disputes liability, you need to acknowledge that the insurer has serious questions about your version of events, and produce as many supporting facts as you can.]

6^th St. is a residential area, and the speed limit is 25 MPH. I was driving at 25 MPH. I understand that Ms. Hittle claims that I was going much faster, but she is not correct. First, I am telling you the truth. I was going 25 MPH. Second, the damage to the two vehicles shows that I wasn't going that fast. If I had been going much faster, the damage would have been greater. Third, and most importantly, the neighbor across the street, Fred Smith, saw the whole thing, and is prepared to testify that I was not driving particularly fast and that Ms. Hittle pulled out in front of me. You should not accept Ms. Hittle's story without speaking to Mr. Smith, who is an unbiased and neutral witness. [NOTE: Neutral witnesses are almost always the best witnesses.]

The bottom line here is that your insured pulled out without looking. I could see her head as she pulled out, and it was not turned toward me. In fact, she was looking forward while backing up out of her driveway. I know that her husband was standing on the sidewalk, and that he apparently is saying that he saw that she looked both ways before pulling out, but that is not inconsistent with what I am saying. Maybe she did look both ways at some point, but she pulled out without looking. [NOTE: Again, try to rebut every significant fact against you. You're going to have to do it at some point, if not in the demand letter, then at trial.]

As a result of this incident, I hit the passenger side of Ms. Hittle's car broadside, and injured my neck, back, and left wrist, which was on the steering wheel. Ms. Hittle's husband called the police, and I was taken away in an ambulance.

At the hospital, they told me to see an orthopedist, and so I set up an appointment with Dr. Young. He diagnosed neck and back sprain and a broken left wrist. He put my arm in a cast and said that I should have physical therapy for the neck and back, but not until my arm gets out of the cast. I was in a cast for six weeks, and then started p/t for the neck, back, and wrist. I did p/t for eight weeks. [NOTE: Summarize your medical treatment. You don't need to give all of the details. You want to describe the main points of your treatment and your pain and suffering. Don't exaggerate. The adjuster has heard it all before.]

It has now been almost a year post-accident, and my neck and back are 80% recovered. I still have pain in bad weather and when I over-exert myself. I couldn't do any lifting for two months and missed three months of work. The real problem was not being able to start p/t for my back until my wrist healed. My wrist is basically healed at this point. Because of the incident, I couldn't do any exercise for a couple of months. With a bad back and an arm in a cast, there isn't much that you can do. I am still trying to get back into shape.

My medical bills total $8,000. I paid $1,000 in co-pays. My health insurance paid the remainder of the bills, but have sent me a letter in which it claims a lien of $3,000 on any settlement that I may get in this case. [NOTE: If you have to repay your health insurance (and you almost always have to), make sure that you tell the adjuster.]

My medical bills were as follows:

• Fargo Ambulance $1,000
• Fargo Orthopedics $1,000
• Fargo Physical Therapy $6,000

TOTAL $8,000 [NOTE: You always want to put together a little chart listing your medical bills. Don't make the adjuster read through them to figure out how much they are.]

I work as a mechanic for Fargo Honda. I earn $1,000 per week and missed twelve weeks of work. I have attached a letter from Dr. Young saying that I needed to stay out of work for that period of time. Accordingly, my lost earnings claim is $12,000. [NOTE: State your lost earnings claim briefly and clearly. Make sure that you have a doctor's note saying that you needed to be out of work for the entire time that you were out of work.] My total special damages are thus $20,000.

Taking into account your insured's liability and my injuries in this case, I demand $75,000 to settle this case. Please advise as to your thoughts on this matter.

Thank you.

Very truly yours,

[signature]

William Curtin