Sample Demand Letter -- Motorcycle Accident

Sample Demand Letter In Motorcycle Accident Injury Claim

When you're injured in a motorcycle accident that was someone else's fault, setting the right tone for your injury claim usually starts with crafting a persuasive demand letter to the insurance company. Check out this sample demand letter to get an idea of what this kind of letter might look like, or use it as a template when writing your own correspondence.

Note: The sample letter below isn't a replacement for qualified legal advice. It's for illustrative purposes only. If you have questions about your motorcycle accident case and are unsure about how to proceed, it might make sense to discuss your situation with a personal injury lawyer.

_______________________________________________________________

March 12, 20xx
Mr. Alfred Thomas
Western Insurance
P.O. Box 102
Portland, OR

Re: Your insured: Rick Chapman

Date of injury: August 12, 20xx
Your file number: 45GG6878-12 [NOTE: Always use the insurer's file number on all correspondence.]

Dear Mr. Thomas:

I have finished treating and so I am enclosing all of my medical records and bills on this case. [NOTE: The insurance adjuster won't consider your demand until they have your entire medical file.]

As you know, I was driving my motorcycle on Elliot Avenue in Portland, when I was hit by your insured, Mr. Chapman, as we approached the intersection with 12th Street. I was driving approximately 25 MPH. Mr. Chapman was probably doing the same. It was a two lane road. I was in my lane, and Mr. Chapman swerved into my lane, hit my motorcycle, and knocked me off balance, sending me to the asphalt.

I don't know if Mr. Chapman was trying to change lanes or whether he just wasn't paying attention. But the fact is he entered another lane while a vehicle (me!) was already in it. For this reason, I believe your insured was negligent and is liable for my injuries. [NOTE: If liability is relatively obvious, you don't need to get into too much detail. If the defendant admits liability or makes any statements tending to admit they were negligent, you definitely want to mention that in your demand letter. Learn more about common causes of motorcycle accidents.]

As a result of this incident [NOTE: Never refer to the incident as an "accident." An accident means that no one was at fault, and it was "just one of those things." Get into the habit of referring to it as an "incident."], I broke my right shoulder and got a concussion when I hit the ground. I was wearing a helmet. Someone called the police, and they called an ambulance to take me to the hospital. I spent overnight in the hospital per their concussion protocol and they strapped up my shoulder. Then they told me to get hooked up with an orthopedist of my choice. I did not need further treatment for the concussion.

I saw the orthopedist, Dr. Manning, several times over the next three months to follow up. After six weeks, he sent me for physical therapy to strengthen my shoulder and regain my flexibility. I was in physical therapy (Portland Physical Therapy) for six weeks, going three times a week. It has now been seven months post-accident, and I believe that I am 80% recovered. My right shoulder is still weaker than it was before the injury, and my range of motion is about 80-85% of what it was before the injury. I still have occasional twinges of pain and some difficulty sleeping on my right side. If I sleep too long on my right side, I wake up in pain. I still take Tylenol probably twice a week because of shoulder pain.

I used to play a lot of basketball before the injury. The injury stopped me from playing for six months. I just started again last month. I am definitely not the same since the injury. I also did a lot of cross country skiing. I have not skied this winter, and can only hope that my shoulder can handle it next winter when I try to get back into it.

Dr. Manning told me that I will still improve some, but that he does not expect me to reach 100% improvement. He has put that in his final medical note as well. [NOTE: Summarize your medical treatment. You don't need to give all the details. You also want to explain clearly and concisely your injuries and your pain and suffering. Don't exaggerate. Just explain what your injuries were and how they affected your life.]

My medical bills total $16,000.00. I paid $1,500 in co-pays. My health insurance paid the remainder of the bills, but they sent me a letter claiming a lien on any settlement that I may get. [NOTE: If you have to repay your health insurance (and you almost always have to), make sure you tell the adjuster.]

My medical bills were as follows:

• Dr. Manning (orthopedist) 5,500.00
• Portland Ambulance 1,500.00
• Portland Hospital 4,500.00
• Portland Physical Therapy 4,500.00
• TOTAL $16,000.00

I work as an electrician for Robinson Electric. I earn $1,800 per week and missed six weeks of work. I have attached a letter from Dr. Manning saying that I needed to stay out of work for that period of time. Accordingly, my lost earnings claim is $10,800. [NOTE: State your lost earnings claim briefly and clearly. Make sure you have a doctor's note saying that you needed to miss work for the entire time you were out.] My total "special damages" are therefore $26,800.00.

Taking into account your insured's absolute liability and my permanent injuries in this case, I demand $135,000.00 to settle this case. [NOTE: If your injuries are going to be permanent, make sure to emphasize that in the demand letter.] Would you please advise as to your thoughts on this matter.

Very truly yours,
[signature]
Michael Jameison