Uninsured/Underinsured Motorist Claim - Sample Demand Letter

Sample Demand Letter for an Uninsured/Underinsured Motorist Claim

May 5, 20xx

Ms. Randi Evans

Northern Insurance

P.O. Box 2213

Portland, ME

Re: James Smith Uninsured Motorist Claim

Date of injury: October 18, 20xx

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

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. Mr. Jones apologized for hitting me and stated that he did not have any car insurance. I called the police, and an officer responded to the scene a short time later. The officer confirmed to me that Mr. Jones does not have insurance, and also noted strong evidence (including three witness statements) indicating that Mr. Jones ran the stop sign. [NOTE: Here, the attachments to your demand letter would include a copy of the police report that includes the officer's findings, if they're favorable to you.]

There can be no question that Mr. Jones was negligent. He admitted not seeing the stop sign, and a number of witnesses confirm that this is what happened. 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 was negligent, and liable for the accident.] 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 police officer's offer of an ambulance and drove myself to the hospital. They put a cast on my left hand, gave me some prescription acetaminophen 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. Singh. I saw Dr. Singh several times for my thumb, neck, and back injuries. 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.]

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 $15,000. I have paid $2,000 in co-pays. My health insurance company paid the remainder of the bills, but have 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 about the lien.]

My medical bills were as follows:

• Dr. Astor $1,000
• Dr. Singh $2,000
• Portland Physical Therapy $6,000
• Portland Radiology $2,000
• Portland Hospital $4,000

TOTAL $15,000 [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 the total.]

I am a union forklift operator at Portland Construction Co. I earn $3,000 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 $18,000. I went on short term disability and received $700 per week for those six weeks ($4,200), 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.]

Taking into account Mr. Jones's absolute liability and my damages in this case, I demand $85,000 to settle this case. Please advise as to your thoughts on this matter within the next fifteen days.

Very truly yours,

[signature]

James Smith