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If you've suffered minor injuries in a car accident that was someone else's fault, you should send a demand letter to the at-fault party's insurance company to try to settle your claim before you file a civil lawsuit.
Use this sample letter as a model for drafting your own demand letter. Your letter should be tailored to your accident and injury situation. Each demand letter will be a little different. Your goal is to include your strongest argument that the accident was the other person's fault and that your injuries required treatment and caused you pain, inconvenience, and income loss.
December 14, 20xx
Ms. Rachel Manno
Central Insurance
P.O. Box 664
New York, NY
Re: Your insured: Frank Askew
Date of injury: September 18, 20xx
Claim number: 2211FFV78 (Always use the claim number on all correspondence with the insurance company)
As you know, I was injured when your insured, Frank Askew, rear-ended me while I was stopped at a red light at the intersection of Main and Fourth Streets in Johnson City, TN. (Your discussion of fault for the car accident should be short and sweet. You were rear-ended at a red light. The defendant is liable, period. In this situation, the adjuster knows that. If fault for the accident is at issue, present concrete details of the other side's liability using evidence like police reports, witness statements, and relevant traffic laws to support your claim.)
When Mr. Askew slammed into the back of my car, the force of the blow threw me forward against my seatbelt, and my head jerked back and forth. (Using words like slammed, force, blow, threw, and jerked emphasize the seriousness of the collision.)
I felt neck pain immediately after being rear-ended. Mr. Askew asked if I was okay and I told him that I probably wasn't okay. I was still in a lot of pain when I woke up the next morning, so I went to see my primary care doctor, Dr. Waits. Dr. Waits said that I likely had a neck and left shoulder strain. He advised me to rest for a week and take plenty of ibuprofen and use hot packs to relax the muscles.
My job as a groundskeeper at a museum requires me to be on my feet all day and lift heavy equipment and objects. Dr. Waits ordered me to stay out of work for a week and then come back to see him. As the enclosed letter from the personnel office of the museum indicates, my wage loss was $1,000 (40 hours at $25 per hour.)
After a week, my neck and shoulders were still bothering me, so Dr. Waits referred me to physical therapy for two weeks. He x-rayed my neck and shoulder and confirmed the force of the collision caused a serious strain. Dr. Waits said I could go back to work, but told me to be careful. (Make sure to summarize your medical treatment and give your exact diagnosis.)
The physical therapy helped, and I felt that I was pretty much recovered after about a month. I was out of work for a week and couldn't do anything energetic in my personal life for that month. I wasn't able to exercise for three weeks. I couldn't go dancing with my boyfriend and couldn't do any housework. My house became a mess because of this accident. (You want to explain clearly and concisely your injuries and your pain and suffering. Don't exaggerate. The adjuster has heard it all before. Just explain what your injuries were and how they affected your life.)
I have finished my medical treatment, and so I am sending you my medical records and bills on this case. (Adjusters typically won't make settlement offers until they've looked at your medical file. They may ask for additional records, reports, or even an independent medical exam. Think carefully—and consider talking to a lawyer—before you sign an agreement authorizing an adjuster to directly obtain any of your medical records or consent to an exam.)
My medical bills total $2,000. I have health insurance, but it is high-deductible health insurance, and so I had to pay the bills out of pocket.
Dr. Waits: $500
Johnson City Physical Therapy: $1,500
Mr. Askew drove negligently and injured me. I did nothing wrong. Taking into account your insured's absolute liability and my damages in this case, I demand $15,000 to settle this case. (Randi's claim is probably worth closer to $4,500-$6,000, but in her demand letter she begins negotiations by asking for more than twice the amount she would be willing to settle for.)
I hope to hear from you soon, no longer than 30 days from the date of this letter. (If you don't hear from the adjuster in a month, follow up with a phone call. If you still don't hear back, check out: The Insurance Company Isn't Responding To My Demand Letter: What Should I Do?)
If settlement talks break down, talk to a car accident lawyer about your options, including the pros and cons of filing a lawsuit. You can connect with a lawyer directly from this page for free.