After sustaining injuries associated with an auto accident that was the other drivers fault, you may need to take action in order to receive compensation for medical bills and emotional suffering. One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.
Demand Letter Template
It is important to focus on stone-cold facts rather than hear-say, opinions, and accusations. Facts are supportable and can add advantage and integrity to a personal injury auto accident case. Facts to include in a demand letter are as follows:
- Describe why you feel the other driver is at fault. Did they run a red traffic light? Or maybe they neglected a stop sign? Whatever the violation or cause may be, include it in the demand letter and be sure it is honest and true.
- Include ALL the injuries you sustained, how you sustained them, and how they are being treated. Also, describe how the injury or wound is healing.
- Mention the cost of medical bills associated with the accident.
- Include information on lost wages, work, and any other forms of income.
- Add information about your IUM claim, if you have one. This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical expenses.
Once the introduction of the letter is complete, it is time to move on to the demand section. In the demand segment of the letter, there are a different set of guidelines to follow. In this section, be sure to demand compensation for:
- Medical Expenses: The hospital can provide documents proving your injuries and the treatments that followed. You can also provide bank statements, invoices, and other forms of billing evidence that shows the dollar amount associated with the medical treatment.
- Liability: Write about how the accident happened and why the other driver was at fault. Include police reports and witness statements to back up your story.
- Lost Income: Include all information on the total amount of lost wages you incurred as a result of the injury. Describe how the injury affected your ability to work and make money. Include how much time you had to take off from work.
- Comparative Negligence: Do not write about how you may have been at fault in any way. If the insurance company mentions it later on in the process, discuss it then, but never mention it in a demand letter.
- Emotional Distress: Describe the injuries you sustained and how they have affected your mood stability, everyday life, relationships, and more. Describe the injuries and accident and how they have caused you suffering and trauma.
Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated and could possible make or break your compensation claim all together. Hiring a professional personal injury attorney to write this demand letter is strongly advised for anyone involved in a personal injury auto accident case.
