One of the first steps you need to take following a car accident is to submit a demand letter to the insurance company. This letter will set the stage for negotiations for your injuries and damages, and not doing it properly can bar you from recovering any damages.
It is important you ask for all of the potential damages you could even want to pursue at a later point in the proceedings. What damages should you include?
We have asked attorney, Alaina Sullivan, about what you should make sure to include. Here is what she had to say:
Statement of Facts
The most important element to your letter is your statement of the facts. Your demands will build off of these facts so it is important you state them correctly and clearly. Make sure you describe the location of the accident, your speed, the speed of the other driver, and all of the chain of events that occurred.
Do so in a manner that shows you were being cautious in your actions and explain how you felt at the time of impact and any injuries that were immediately apparent.
If the other driver made any statements, make sure you include those as they may be used at a later date.
Also, make sure you include your treatments and the diagnoses given for your injuries, as well as the medication you were prescribed and the names of the medical professionals that you have seen for your injuries.
Reimbursement for Medical Bills
The easiest thing to request is any reimbursement for medical expenses paid out-of-pocket. Include bills and statements with your demand letter to give proof of these costs.
Be sure to redact any confidential information not relevant to your demand.
Property Damage
Similarly, include any property damages or statements of expenses you have paid over the amount covered by insurance. You may also be able to request reimbursement for rental car expenses, if not covered by your insurance policy, for money spent due to your car being out of commission.
Loss of Income
If your injuries have you unable to work for an extended period of time, you should include a request for lost wages. If you are never going to be able to perform the work you once performed because of your injuries from the accident, request loss of income, showing that you are now receiving a reduced amount of income because you are no longer able to work in the manner you once did.
Include paystubs as proof of income as well as statements from your employer.
Pain and Suffering
Even if you do not push hard on requesting this damage, you should almost always include pain and suffering. Car accidents are traumatic. They affect you in all aspects of your life: mental, physical, financial, etc.
Living in pain because of your injuries, especially if these are permanent, can be life-altering, and you should not feel hesitant to include pain and suffering in your request. Speak with an attorney first to come up with a reasonable figure for damages. Be reasonable in your request. If you ask for too much or for too little, that can hurt your credibility with the insurance company.
What Evidence Should Be Included?
You need to back up your demand with evidence. For any of the above damages, you need to give proof. Provide lost wage verification from your employer and former pay stubs. Give receipts and statements showing any and all out-of-pocket expenses you made from the accident.
Give the insurance company all witness statements you have as well as the police report. Lastly, for medical proof, provide statements from your medical providers as to your injuries. Many doctors will be able to provide you with a narrative to include in your demand letter.
End with Your Demand
End the letter strong with your final demand. It is recommended you first itemize and list out all of the expenses and damages you are requesting but then close with the final amount. Make sure it is clear because the insurance company wants to see the final number.
At the end of the day, that part is the part that matters the most. Make sure it is apparent from reading the letter.
Contact an Attorney Today
If you have been involved in a car accident and need to prepare a demand letter, you should contact an attorney today 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.
