Uninsured/Underinsured Motorist Claim - Sample Demand Letter

Sample Demand Letter

May 5, 20xx

Ms. Randi Evans

Northern Insurance

P.O. Box 2213

Portland, ME

Re: Your insured: James Smith

Date of injury: October 18, 20xx

Your file number: 2332EEE333 [NOTE: Always use the insurer's file number on all correspondence.]

[NOTE: Remember that uninsured and underinsured motorist claims are brought against your own motor vehicle insurer, under the terms of your policy. To make this example less complicated, we'll use the example of an uninsured motorist situation.

One very important thing to remember about uninsured and underinsured motorist claims is that you need to advise your insurer that you may be making an uninsured or underinsured motorist claim as soon as you reasonably believe that you will need to. If you don't, your insurer might be able to deny the claim.]

Dear Ms. Evans:

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.]

As you know, I was driving down Main St. in Portland when another motorist, John Jones, ran a stop sign and hit me broadside in my passenger side front door. We both stopped, and he apologized for hitting me and said that he did not have any car insurance. I called the police, and a policeman came shortly. He gave Mr. Jones a ticket for running the stop sign and confirmed to me that Mr. Jones did not have insurance, according to the state insurance database.

There can be no question but that Mr. Jones was negligent. He went through a stop sign and was given a ticket. Accordingly, he is liable for my injuries. [NOTE: You want to explain all of the significant facts and then conclude with a statement that the uninsured driver is liable.] However, he has no insurance; so I am making this uninsured motorist claim under the terms of my policy.

As a result of this incident, I suffered neck and back strain. I also fractured my left thumb. I refused the policeman's offer of an ambulance and drove myself to the hospital. They put a cast on my left hand, gave me some prescription Tylenol for all of my injuries, and told me to take it easy for a while with respect to my neck and back.

I made an appointment with my primary care doctor, Dr. Astor. He saw me once and referred me to an orthopedist, Dr. Bale. I saw Dr. Bale several times for the thumb and the neck and back. He told me that I did not need formal physical therapy for my neck and back and gave me a list of exercises to do at home. The cast was on for five weeks, and, when it came off, he did send me to physical therapy for my thumb three times a week for three weeks. [NOTE: Summarize your medical treatment. You don't need to give all of the details. Just describe the main points of your treatment.]

My neck and back pain got better after a couple of weeks. The accident prevented me from doing things around the house for about three weeks. My thumb did not hurt after a couple of days. However, I was out of work for six weeks because of it. I am a union forklift operator and simply couldn't work with a cast on my hand. Our union rules don't allow it for safety reasons. [NOTE: You want to explain clearly and concisely your injuries and your pain and suffering. Don't exaggerate, especially when you had more inconvenience than pain.]

My medical bills total $8,500. I have paid $1,000 in co-pays. My health insurance company paid the remainder of the bills, but have sent me a letter claiming a lien of $4,000 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. Astor $500

Dr. Bale $1,000

Portland Physical Therapy $4,000

Portland Radiology $1,000

Portland Hospital $2,000

TOTAL $8,500 [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 the total.]

I am a union forklift operator at Portland Construction Co. I earn $2,000 per week and missed six weeks of work. I have attached a letter from the orthopedist explaining that I needed to stay out of work for that time. Accordingly, my lost earnings claim is $12,000. I went on short term disability and received $500 per week for those six weeks ($3,000), which I have to repay. [NOTE: State your lost earnings claim briefly and clearly. Make sure that you have a doctor's note saying that you needed to miss work for the entire time that you were out. Otherwise, the insurer won't consider your lost earnings claim. If you received any type of private or public disability benefits, disclose those as well.] My total special damages are $20,500.

Taking into account Mr. Jones's absolute liability and my damages in this case, I demand $65,000 to settle this case. Would you please advise as to your thoughts on this matter.

Very truly yours,

[signature]

James Smith