Writing a car accident demand letter.

Auto insurance coverage is designed to protect us financially in the event of a car accident. In the US, full coverage car insurance costs an average of $2,104 annually. 

To receive compensation for medical expenses, property damage, lost wages, and other losses from the other party’s insurance company following an accident, you may be required to submit a demand letter. 

A demand letter serves as a formal request to the insurance company, outlining the incident, the injuries sustained, and the financial losses incurred. This letter is an opportunity to present your claim clearly and concisely, laying the groundwork for settlement negotiations. 

This article will provide a step-by-step guide outlining what to include in a demand letter. If you have questions about writing a demand letter or handling any other aspect of a car accident claim, do not hesitate to contact our personal injury lawyers today. 

Step 1: Organize Necessary Information

Before drafting your demand letter, collect all relevant documentation relating to the auto accident and your injuries. 

Having the following materials organized and ready will help you put together a detailed and compelling demand letter:

Step 2: Provide Basic Information

You want your letter to be taken seriously and viewed as professional. For this reason, begin your demand letter with a concise introduction that provides the following basic information:

  • Your full name and contact information
  • The names and contact information of all involved parties
  • The date and time of the car accident
  • The location of the accident

Example:

[Your name]

[Your address]

[City, state, zip code]

[Month, day, year]

[Insurance company name]

[Insurance company address]

[Insurance company city, state, zip code]

Re: Demand for Settlement – [Your claim number]

Dear [Claims adjuster’s name],

Step 3: Describe the Auto Accident

Next, write a detailed description of the car accident, including:

  • The date, time, and location of the incident
  • The year, make, and model of your vehicle
  • A clear and factual account of how the accident occurred
  • Any relevant traffic laws that the at-fault party violated

Support your claim with facts from police reports, eyewitnesses, and applicable traffic laws. 

Example

On June 1, 2024, at approximately 6:30 PM, I was involved in a motor vehicle accident at the intersection of 6th Ave and Washington St. I was driving my 2015 Honda Accord. The collision occurred because your insured, [name of the other driver], ran a red light and t-boned my vehicle. The police report (attached) and witness statements (attached) confirm [name of at-fault driver]’s liability. 

Step 4: Outline Your Injuries and Medical Treatment

After describing the car accident, provide a detailed description of your injuries and any medical treatment you received. Include a description of any ongoing treatment and the long-term effects of your injuries. It is important to be thorough and specific. 

Example

As a result of the car accident, I was badly injured and immediately taken to [name of hospital/care facility]. The doctors determined I sustained a concussion, whiplash, and torn meniscus. I underwent diagnostic tests, surgery, and other medical treatments. I continue to go to physical therapy and am receiving follow-up care. I have not been able to return to work and still suffer from physical pain and mobility limitations. 

Step 5: Explain the Impact on Your Life

Explain briefly how the car accident has affected your ability to work, perform household tasks, and participate in previously enjoyed hobbies. 

Be sure to include:

  • The length of time you have been unable to work
  • How your injuries have interrupted your daily routine
  • A brief description of any emotional distress and pain

Example

Over the past six weeks, my injuries have prevented me from returning to my job as an auto mechanic. This has resulted in a substantial loss of income. I have also been unable to participate in routine activities such as picking up and carrying my child, driving, doing yard work, and lifting weights. This has significantly impacted my quality of life. 

Step 6: List Your Financial Damages

The next section of your letter should provide a complete list of your monetary losses. 

This could include:

  • Medical bills
  • Lost income
  • Property damage
  • Pain and suffering
  • Other damages

Example

The following is a breakdown of my car accident-related damages:

  • Medical expenses $—–
  • Lost wages $—–
  • Property damage $—–
  • Pain and suffering $—–
  • Other damages $—–

Step 7: State Your Total Demand for Compensation

After listing your damages, clearly state the total amount of compensation you are seeking. It is important to keep in mind that the amount you request should not be overly exaggerated, but it should be higher than what you think your car accident claim is worth. 

This gives you some room to negotiate with the insurance adjuster if you are offered an amount lower than you wanted. 

Example

Based on the damages listed above, I am seeking a total of $—– in compensation. I believe this to be a fair and equitable settlement amount.

Step 8: Conclude the Demand Letter

Give a reasonable deadline for the insurance company to respond to your demand. Typically, the insurer is given 30 days from the date of the demand letter. Conclude with a professional closing statement and your signature. 

Example

Please respond to this demand for compensation by [deadline date]. It is my hope that this matter can be settled promptly and fairly. 

Thank you for your attention to this important matter. 

Sincerely,

[Signature]

[Your name]

Why Hire a Car Accident Lawyer to Handle Your Personal Injury Case

After reading this article, you might think, “I’ve got this. I can write a demand letter on my own.” While it certainly is your right to draft and send your own demand letter, you may want to consider hiring a car accident attorney to do this for you. Hiring a personal injury letter can increase your chances of receiving a fair settlement from the at-fault driver and insurance company. 

Consider just a few of the many benefits of having a car accident attorney handle your car accident claim and write your demand letter:

  • Accurate assessment of the value of your auto accident claim: There is more involved in determining the value of a claim than simply adding up medical bills and car repair costs. A lawyer can accurately calculate the full extent of your damages by considering all factors – even future medical expenses or pain and suffering. 
  • Skillful negotiation: Insurance companies are notorious for devaluing claims and minimizing payouts. By hiring a car accident attorney to draft your demand letter, you are letting the insurance company know you are serious about your claim and prepared to fight for fair compensation. 
  • Prevent costly mistakes: A demand letter that omits critical information, misstates facts, or fails to follow proper procedures could result in your claim being delayed or denied. Your personal injury attorney will ensure that your letter is free from errors, legally correct, and compelling. 
  • Access to resources: Car accident attorneys have access to medical experts, accident reconstructionists, engineers, and other professionals who can offer supporting evidence for your demand letter. Statements from these experts can be used to increase the credibility of your demand letter.

Our Car Accident Attorneys Are Here to Help

The days and weeks following a severe car accident can be overwhelming. Rest assured, you do not have to go through this difficult time alone. The personal injury attorneys at Hauptman, O’Brien, Wolf, & Lathrop are here to help you through every step of the claims process.

We can carefully assess the worth of your car accident claim and create an effective demand letter that is tailored to your specific needs. We can also evaluate the response from the insurance company and negotiate further if needed. 

By entrusting your demand letter to our experienced South Omaha car accident lawyers, you can maximize your odds of recovering full compensation for your losses. Contact us today to schedule a free case evaluation. 

by Hauptman, O’Brien, Wolf & Lathrop
Published on

Posted in: Car Accidents