If you have been involved in a situation that has left you being owed compensation, you will want to recover for those losses. When you have decided that it is time to file a claim, you must confront the insurance company.
To do this, you will need to write a demand letter. A demand letter is the way to get your claim off the ground and into a courtroom for a ruling.
Writing a Demand Letter is Your First Step in Filing A Claim
You want to get your claim off the ground, and the first step is an essential step in your success. You will send this letter to the person that you are having a dispute with or who is being held liable for your damages.
Basically, it is a form of your legal complaint against the other party and lays out what happened, why you hold the other party liable, and what you are asking for because of the damages you suffered. You need to make sure your letter is clear, concise, and well-organized.
What Should You Say in a Demand Letter?
You need to start your letter off by explaining the dispute and detailing as to why there has not been an agreement thus far. The other party most likely is aware of this, but later, a court clerk or judge might not be familiar with the situation and might need the background details.
You want it written so someone who was not involved can follow the situation. You should then be polite, but also specific and concise about what you want. Make it clear how you will proceed if this issue doesn’t get resolved.
If you are owed money, you should specify the full amount that was owed to you and the date that debt was due. If you might be willing to accept a settlement of a lower amount, you should say so. If you will not take any less, you need to specify that as well.
Make it clear that if you cannot reach an agreement, you will file your case in court. This will hopefully help the other party realize that it is much more beneficial to them to reach a compromise with you rather than let the court decide.
Don’t Threaten in a Demand Letter
When you write a demand letter, you should never threaten the other party. This letter should be viewed as an opportunity to make the other party aware of your intent and that you are serious. It shouldn’t be used to insult or to damage a relationship even farther.
Remember, the court clerk and judge will also read this letter, so make sure it is professional and objective. You don’t want the judge to perceive you as being someone who bullies the other person around.
Wrapping It Up
While there are no limits to length, it is better to make your letter short and to the point. Just write enough to make sure the other party understands your intentions and that you are serious about filing a lawsuit. Make sure you send the letter certified mail, so you can show that it did arrive.
Also, keep several copies of the letter to use in court and for any future needs. Hopefully, the letter will do its job and you won’t have to go to court, but at least, the demand letter will help you cover your bases.
