After being in a car accident, before you can expect any type of monetary compensation from your insurance company or the other driver’s, you must prepare what is called a demand letter.
This initial step kicks off the negotiation process in settling your claim. It is of vital importance that specific items be included in this demand letter in order to be successful. Leaving out a required component could be enough to bar or prevent your claim.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say.
What Is a Demand Letter?
A demand letter is the formal request you make for the damages you have suffered in the car accident. The letter gets the ball rolling, essentially. You submit this official demand, clearly stating how much you want for your injuries.
Why Is the Demand Letter Important?
The insurance company is not going to know what you want until you ask. Verbal statements are not enough, and you must submit your requests in writing. It is the starting point of your negotiations, and for this reason, you need to include all of your demands in this request.
You will have a difficult time later adding more damages if you did not initially list them. The following items are required in most demand letters.
Statement of Facts
Do not assume the insurance company knows what happened. They may very well be aware of the circumstances of the accident, but it is up to you to lay out the facts clearly in your statement of facts section. You will base your demands off of the facts given, especially if fault is in question.
List the name of the parties involved, as well as contact information, the location of the accident, how fast you were traveling, how fast the other driver was traveling, the chain of events that occurred and any behavior of the other driver if you believe the driver was acting negligently or recklessly.
Further, if you are requesting medical damages, include what happened after the accident, when you were treated, where, and by whom. List the diagnoses given for your injuries and your prescribed treatment.
Include Attachments and Exhibits
You can have a letter from your doctor stating your diagnoses but be wary of providing too much personal medical information. You do not want to disclose more than needed. If you are asking for reimbursement for medical bills, include those in an attachment.
The same would go for any property damages. Include statements from body shops for any repairs that were not otherwise covered.
Damages Section
In addition to the statement of facts, the next section that is of utmost importance is the damages section.
To make it easy for the insurance company, you can break this section down into sub-sections, listing the types of damages separately.
Additionally, make sure you are identifying the proper damages for what you actually want. You may believe something is considered “pain and suffering” when it is, in fact, something else.
Further, make sure that you are being reasonable in your requests. Asking for too much or too little raises red flags to the insurance company that you do not know what you are doing. A personal injury attorney should be able to assist you in evaluating your request before sending it out.
The Bottom Line
It is important you close out your letter with your bottom line number. It is recommended you itemize the damages you are requesting again, but then close the letter with an accurate calculation of that amount. After all, that figure is what the insurance company will want to see first and foremost.
Contact an Attorney Today
If you have been involved in a car accident and need to prepare a demand letter for your injuries, it is always recommended that you contact an attorney to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
