If your mailbox was hit by a mail truck or there was some other way that a driver broke your mailbox, you are probably wondering if you can pursue a personal injury claim. While fixing your mailbox might be a pain, it usually isn’t very expensive. Since they are liable for the damages, though, you can ask them to pay for the repair or replacement. After all, if someone causes damages they are responsible for remedying the problem.
Is A Personal Injury Claim Necessary?
When there is an accident and someone else is liable, you file a personal injury claim to recover the costs of your damages. However, since this is a smaller claim, you will contact them directly to file a claim.
Of course, they have countless claims daily, so they will have to confirm that the claim is legitimate. Because of this, you will need to document everything and maintain evidence and documentation to support your claim. You will start your claim by contacting your local postal service hub and detailing what happened.
Evidence to Support Your Claim
Maybe you saw the driver back into your mailbox, or perhaps there were witnesses. Sometimes the entire incident is caught on surveillance video. Either way, you will need evidence that proves the damage was caused by a truck. Get photos of the property damage and then get estimates for repairing the damages.
They might require you use the contractors that they send to handle the job, or they might be willing to reimburse you for the costs of the repairs. Sometimes, your claim could be denied. In that case, you will need to take legal action. However, because it is for a broken mailbox, you will most likely file your claim in small claims court.
Send A Demand Letter
For a large company, it is much less time consuming and less expensive to pay for the damages to a mailbox rather than proceed to court to resolve the matter. You might be able to resolve the issue by sending a demand letter.
In the demand letter, give a brief history of the event and why they are liable, the damages that resulted, and the cost of those damages. You will then state what they can do to resolve the problem and satisfy the situation. Then set a strict deadline for them to respond and indicate what action you will take if that deadline it is not met.
Why a Demand Letter is Important
As the first step in the negotiation of a personal injury claim, sending a demand letter to a company that could be liable for hitting your mailbox involves including details of the accident, as well as a persuasive argument that puts the company on the legal hook for triggering the personal injury claim.
Well-written to cover every essential element of your case, a demand letter can lead to the resolution of your personal injury claim after just a couple of rounds of negotiations. It can help you avoid time-consuming litigation that includes going to court to settle a claim. A licensed personal injury lawyer who has worked on similar cases can help you clearly state the damages you are seeking and the reason why you plan to file a personal injury claim.
An accident such as the one that involves a driver, or any other delivery service’s driver hitting your mailbox could lead to the filing of a personal injury claim with the delivery service’s insurance company. By sending a demand letter, you let the commercial package carrier know you hold the company liable for any damages incurred by the accident.
A demand letter represents the legal foundation for the filing of a lawsuit, which could happen if a company refuses to take action after receiving your personal injury demand letter. When you work with a persuasive personal injury attorney, sending a personal injury demand lets the company know you are serious about settling the legal matter long before it hits a civil court docket.
Preparing a Persuasive Demand Letter
Knowing the importance of sending a demand letter is one thing; it is quite another thing to understand how to prepare a persuasive demand letter that motivates the company to take swift action. A demand letter represents the legal document that describes your side of the story.
It should include the amount of property damage caused by the accident and the total amount of the settlement you believe is fair to resolve the personal injury claim. Although you might be skilled at writing persuasive letters, an experienced personal injury lawyer will know exactly how to prepare a demand letter that gets the legal ball moving on your case.
Outline for a Personal Injury Demand Letter
There are two factors that determine whether you send a compelling demand letter. First, you want to present easy to confirm information about the facts for the case. Second, it is vitally important that the demand letter is well-organized by staying on point. Any emotional language added to a demand letter diminishes the impact the letter has on a company.
Here is an example of an outline for a persuasive demand letter sent to a company in regard to a driver hitting your mailbox:
Introduction
- Polite greeting
- Description of property damage
- Date and time of the accident
Body
- Present evidence of the property damage
- Detail the costs of repairing the damaged property
Conclusion
- Overview of the accident
- Call to action
- Show the company appreciation for taking immediate action
The call to action is the most important element of a personal injury demand letter. A highly skilled personal injury attorney can craft the call to action to be a polite, yet a firm request to take care of the legal matter. Make sure to include your contact information, which includes an email address, at the top of the letter. If the demand letter results in the delivery company trying to contact you by phone, email, or snail mail, let your personal injury attorney conduct all of the negotiations.
Consult With A Personal Injury Attorney
There are plenty of demand letter templates and examples online that you can use for crafting your own demand letter. However, a personal injury attorney should handle the entire demand letter process, from gathering the facts of the case to ensuring the letter remains emotionally neutral.
If you have suffered property damages because of a driver, you should consult with a personal injury attorney. An attorney will send a demand letter and will make sure your property damages are given attention. Complete the Free Case Evaluation Form on this page to have your details shared with a lawyer who can help you get your damages covered.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx, or any other party, you may not be entitled to any compensation.
