DUI Car Accident - Sample Demand Letter

November 18, 20xx

Ms. Janet Johnson
Midwest Adjusters
P.O. Box 3304
Springfield, IL

Re: Your insured: Jason Barclay

Date of injury: February 28, 20xx
>Your file number: 23SDFSD333 [NOTE: Always use the insurer’s file number on all correspondence]

Dear Ms. Johnson:

I have finished treating and so I am enclosing all of my medical records and bills on this case. [NOTE: You always want to make sure that the adjuster has all of your medical records and bills when you make a demand. The adjuster will not consider your demand wihtout your entire medical file.]

As you know, I was driving my car on 5^th St. in Springfield, at 10 PM when I was hit by your insured, Mr. Barclay, as I went through the intersection at Locust St. I had the right of way. Mr. Barclay had a stop sign. I was driving the speed limit, 30 MPH, and Mr. Barclay went through the stop sign without stopping and hit me on the front passenger side of my car. I was wearing a seat belt, but felt immediate pain in my neck when he hit my car [NOTE: Always describe exactly what symptoms you had immediately after the collision.] We both stopped and got out. Mr. Barclay smelled of alcohol, and his speech was not completely clear. It was obvious that he had been drinking. [NOTE: In a DUI case, make sure to set forth all of the evidence that you have to prove the defendant’s intoxication.]

I called the police, and they arrived about 10 minutes later. I watched them speak with Mr. Barclay and give him sobriety tests. I saw them tell him that he was under arrest for DUI and place him in the police car. Several months later, I followed up with the Springfield District Court, and found out that he had pled guilty to DUI. Accordingly, there can be no question but that your insured was negligent and is liable for my injuries. [NOTE: If the defendant was drunk, then the liability is just about absolute. No insurer wants to defend a drunk driver at trial in a personal injury case. But, to settle the case for good money, you still have to show the insurer that you know that the driver was convicted of DUI. Just being charged with DUI is not good enough. The driver has to be convicted. So, if you are hit by a driver who is charged with DUI, you should follow up with the local court (not the police) to find out the status of his/her case.]

As a result of this incident [NOTE: Never refer to the incident as an “accident.” An accident means that no one was at fault. Get into the habit of referring to it as an “incident” when you correspond with the insurer.], I suffered a bulging disc in my neck. I declined the police’s offer to call an ambulance and drove myself home.

I rested at home for a couple of days, and, when my neck still hurt, I saw my GP, Dr. Smith. He thought it was a muscle pull, and told me to continue to take it easy, but to go back to work. It was no better after three weeks, so I went back to him, and he referred me to an orthopedist, Dr. Young. I saw Dr. Young, who sent me for x-rays and an MRI, and diagnosed it as a bulging C3 disc. He said that surgery shouldn’t be necessary, and that physical therapy would help. He also said to continue to avoid heavy exercise for now.

I went to physical therapy (Springfield Physical Therapy) for six weeks, going three times a week. It has now been nine months post-accident, and I am 90% recovered. My neck pain is mostly gone, except for when I play sports or do heavy exercise or work. Dr. Young said that I will continue to improve slowly and that I should be at 100% in another month or two. However, he also said that I am at risk for rupturing the disc if I ever take a similar blow to my neck. [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, your injuries, and your pain and suffering. Don’t exaggerate. The adjuster has heard it all before.]

I had difficulty sleeping for probably 3-4 weeks at the beginning due to neck pain. I took prescription painkillers for 1 week, and then non-prescription Tylenol probably 4-5 times a week after that for several months. I will still take Tylenol after any heavy exercise. I missed the remainder of my recreational ice hockey league because of this injury. I also did not go to the gym for about a month and a half. I was unable to do some things around the house for about two months. I did not shovel any more snow this past winter and I was in the middle of a bathroom renovation project that had to sit unfinished for two months.

My medical bills total $6,000.00. 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:

• Dr. Smith $500
• Dr. Young $500
• Midwest radiology $1,500
• Springfield Physical Therapy $3,500

TOTAL $6,000 [NOTE: You always want to put together a little chart listing your medical bills, even if you only have a few. Don’t make the adjuster read through them to figure out how much they are.]

I work as an accountant for Springfield Accounting. I did not go into work for several days because of the accident, but I am paid a salary and thus did not lose any income.

My car repair bills was taken care of by my motor vehicle insurance. My total special damages are therefore $6,000.[Learn more about Types of Personal Injury Damages.]

Taking into account your insured’s absolute liability and my injuries in this case, I demand $45,000 to settle this case.[NOTE: Make sure to mention the insured’s absolute liability in a DUI case.] Would you please advise as to your thoughts on this matter.

Thank you.

Very truly yours,

[signature]

Randolph Radison