Sample Demand Letter—Car Accident with Minor Injuries

Sample Demand Letter—Car Accident with Minor Injury

December 14, 20xx

Ms. Rachel Manno
Central Insurance
P.O. Box 664
New York, NY

Re: Your insured: Frank Askew

Date of injury: September 18, 20xx
Claim number: 2211FFV78 (Always use the claim number on all correspondence with the insurance company)

Dear Ms. Manno:

As you know, I was injured when your insured, Frank Askew, rear-ended me while I was stopped at a red light at the intersection of Main and Fourth Streets in Johnson City, TN. (Your discussion of fault for the car accident should be short and sweet. You were rear-ended at a red light. The company's insured driver is liable, period. In this situation, the adjuster knows that. If fault for the accident is at issue, present concrete details of the other side's liability using evidence like police reports, witness statements, and relevant traffic laws to support your claim.)

When Mr. Askew slammed into the back of my car, the force of the blow threw me forward against my seatbelt, and my head jerked back and forth. (Using words like "slammed", "force", "blow", "threw", and "jerked" emphasize the seriousness of the collision.)

I felt neck pain immediately after being rear-ended. Mr. Askew asked if I was okay and I told him that I probably wasn't okay. I was still in a lot of pain when I woke up the next morning, so I went to see my primary care doctor, Dr. Waits. Dr. Waits said that I likely had a neck and left shoulder strain. He advised me to rest for a week and take plenty of ibuprofen and use hot packs to relax the muscles.

My job as a groundskeeper at a museum requires me to be on my feet all day and lift heavy equipment and objects. Dr. Waits ordered me to stay out of work for a week and then come back to see him. As the enclosed letter from the personnel office of the museum indicates, my wage loss was $1,800 (40 hours at $45 per hour.)

After a week, my neck and shoulders were still bothering me, so Dr. Waits referred me to physical therapy for two weeks. He x-rayed my neck and shoulder and confirmed the force of the collision caused a serious strain. Dr. Waits said I could go back to work, but told me to be careful. (Make sure to summarize your medical treatment and give your exact diagnosis.)

The physical therapy helped, and I felt that I was pretty much recovered after about a month. I was out of work for a week and couldn't do anything energetic in my personal life for that month. I wasn't able to exercise for three weeks. I couldn't go dancing with my boyfriend and couldn't do any housework. My house became a mess because of this accident. (You want to explain clearly and concisely your injuries and your "pain and suffering" and other non-economic losses. Don't exaggerate. The insurance adjuster has heard it all before. Just explain what your injuries were and how they affected your life. Learn more about getting "pain and suffering" compensation for minor car accident injuries.)

I have finished my medical treatment, and so I am sending you my medical records and bills on this case. (Adjusters typically won't make settlement offers until they've looked at your medical file. They may ask for additional records, reports, or even an independent medical exam. Think carefully—and consider talking to a lawyer—before you sign an agreement authorizing an adjuster to directly obtain any of your medical records or consent to an exam.)

My medical bills total $3,100. I have health insurance, but it is high-deductible health insurance, and so I had to pay the bills out of pocket.

Dr. Waits: $1,100
Johnson City Physical Therapy: $2,000

Mr. Askew drove negligently and injured me. I did nothing wrong. Taking into account your insured's absolute liability and my damages in this case, I demand $17,000 to settle this case. (Randi's claim is probably worth closer to $6,500-$9,000, but in her demand letter she begins negotiations by asking for around twice the amount she would be willing to settle for.)

I hope to hear from you soon, no longer than 30 days from the date of this letter.

Thank you.

Respectfully,

[signature]

Randi O'Neill

What Happens After You Send the Demand Letter?

In a typical car accident case, the sending of a demand letter starts off the back-and forth of the personal injury settlement negotiation process. Learn more about why most car accident cases settle.)

The insurance company will probably respond to your demand letter with an offer to settle that's lower (maybe a lot lower) than your dollar amount demand, coupled with an argument or two on why your demand is too high.

At this point you might bolster your case (or counter the insurance company's argument) with additional documentation or other proof. For example, you might be able to get a letter from your doctor that specifically addresses the insurance adjuster's concerns about a specific diagnosis or recovery timeline.

Learn more about how the injury settlement negotiation process works.

If you don't hear from the adjuster after you send the demand letter, follow up with a phone call, an email, or both. If you still don't hear back, you'll have to decide on a next move. Learn more about what to do when the insurance company won't respond to your demand letter.

If you're not getting a response to your demand letter, or if settlement talks break down, it might make sense to talk to a car accident lawyer about your options, including the pros and cons of filing a lawsuit and taking the matter to court.