If you have been injured in a car accident and were not to blame for the accident you may be considering filing a claim for damages with the at-fault driver’s insurance provider. The normal process involves compiling a demand letter which is sent to the insurer containing as much relevant detail as possible.
It can be difficult to know exactly what to include in a demand letter without help from a personal injury attorney. It is best to be sure about the content, otherwise you may find that a settlement is either delayed or denied altogether.
What Should You Do Before Sending a Demand Letter to the Insurer?
If you are going to make a claim from another driver’s insurance provider, it will be because you are reasonably confident that the other driver’s negligence caused the accident which led to your injuries. It is sensible to make sure that you have all the facts at your fingertips before actually sending a demand letter. A well documented demand letter may initiate a settlement without having to take the matter to court.
Personal injury claims usually depend on having evidence of negligence and a detailed breakdown of how this has affected you financially and psychologically. If you are able to do so, obtain whatever evidence you can at the crash site. Useful evidence might include photos of the vehicles and the damage caused, witness statements or at least their contact details. You should make sure you have a medical examination, even if the injuries seem minor. All medical reports and bills should be kept. You should try to get a copy of the police report and a statement or report from the car repair yard which can confirm the damage done to your vehicle.
What Should You Include in a Typical Demand Letter?
The length of a demand letter should be as long as is needed to include the details of the accident, how it happened and why you consider the insurer’s client to be responsible. You will need to refer to the evidence you have available and which can be attached to the demand letter. You may want to include details of compensation you are demanding, that includes both economic damages (medical expenses and lost earnings) as well as non-economic damages (for example, compensation for pain and suffering experienced).
There is no specific length to a demand letter as every accident is unique, but it should err on the side of completeness and relevance rather than leaving information out. The success of an early settlement may depend on how well you prepared your demand letter before sending it to the insurer.
Will You Need a Personal Injury Lawyer?
A well composed demand letter can make or break a personal injury claim. A personal injury attorney may advise you whether you have a good chance of obtaining compensation, help with obtaining evidence, and assist with compiling the demand letter. If the insurer becomes difficult to deal with or denies the claim, your lawyer may suggest taking the matter to court.
