NORTHSHORE INSURANCE COMPANY
Ms. Jane Seedman
1616 North. Pine Street
Los Angeles, CA 50000
SENT VIA FACSIMILE TO (xxx) xxx-xxxx
RE: Your Insured: Gilbert Ham
Claimant: Joe Humphry
Claim Number: 333-33-2455
Date of loss: July 1, 2016
Settlement Demand: $75,000.00
Expiration of Demand: November 1, 2016
SUBJECT: Settlement Offer: All Rights Reserved Pursuant to Evidence Code Sections 1152 and 1154
HINT: Head on collisions cause catostrophic injuries on a daily basis. This sample demand letter will help you increase the value of your claim and get you fair and equitable compensation for your head on collision accident claim.
Dear Ms. Seedman,
This letter shall serve as a representation of damages I sustained after your insured fell asleep at the wheel, merged lanes, and crashed head on into my vehicle as I was lawfully traveling down Highway 111. The impact, and the intensity of the impact caused my car to roll over several times before coming to a rest on the opposite side of the freeway.
FACTS REGARDING LIABILITY
HINT: If there is a police report, make sure to include with your demand the officers “recommendations” usually there is a section of the police report that makes a fault determination. In this case the at-fault driver fell asleep at the wheel so liability is clear.
No issue of liability surfaces in this matter: On July 1, 2016 I was traveling down highway 111 when your insured came crashing into me at a high rate of speed. The impact sent my vehicle into an uncontrolled rollover before coming to rest on the opposite side of the freeway. I nearly lost my life in this crash and suffer from permanent injuries as a result of this loss.
BODILY INJURY AND MEDICAL TREATMENT
Immediately after the crash I was transported to Sunrise Hospital via ambulance. Upon arrival the doctors evaluated and treated my injuries. Approximately 30 minutes later after I had my x-rays taken, the doctors came to my room and told me I suffered a concussion, 3 fractured ribs, abrasions and contusions throughout my body, and a herniated disc in my back. I was in so much pain so the doctors gave me a narcotic pain killer prescription and wrote me a doctors note for work so I could take 2 weeks off and recover from my injuries.
HINT: If the doctor told you to take time off work, then take time off from work to recover. If you don’t insurance companies love to hold it against you. Additionally, the at-fault drivers insurance is REQUIRED to compensate you for any time you missed from work as a result of the accident and a doctors note is irrefutable evidence that you were unable to work.
Dr. Ronald Green, M.D.
Due to my ongoing complaints of pain I presented to Dr. Green, M.D. who specializes in orthopedics. At this time he examined me and evaluated the injuries I suffered in the crash. Due to the severity of my complaints and the herniated disc in my back, Dr. Green prescribed me 8 weeks of physical therapy to help regain strength and muscle mass. He believes physical therapy will help put my back in my pre-accident state of health and decrease pain. After 2 weeks off from work, my pain continued to persist. For these reasons I decided to seek further treatment at back to health physical therapy per the doctors orders.
HINT: Always make sure your doctor writes you a prescription for physical therapy or the insurance company will try to argue that it was not necessary to your recovery. Even if the doctor does not write a prescription for physical therapy or one is not required to present one by law in your state, then make sure to ask for one as this will help increase the value of your claim by showing the insurance company that a doctor actually prescribed this course of treatment and/or it is part of your overall treatment plan. With a prescription from a doctor, insurance companies are more inclined to pay for your medical care and treatment costs without a huge fuss.
Back to Health Physical Therapy
A few days later I presented to Back to Health Physical Therapy where I finished out the remainder of my treatment. At this time my back and neck pain continued to persist but eventually slightly improved towards the end of my treatment. Over the course of my care at Back to Health Physical Therapy I performed PT moduals and/or exercises to help regain strength and reduce muscle weakness and spasm. The exercises provided me with substantial relief from my symptoms. For these reasons, I continued to treat here over the course of 8 weeks before being discharged with instructions to return should my pain flare-up or become exacerbated for any reason.
FUTURE MEDICAL CARE
Your insured is the sole and direct cause of this crash and all of my injuries and damages. For these reasons, I am demanding an allowance to cover the cost of my future medical care and treatment. Future care and treatment is to include chiropractic and physical therapy treatment at a global cost of $4,000.00. Had your insured been exercising reasonable care as required by State law then I would never have been injured and I would not be writing you this letter. Unfortunately that is not the case and I require $4,000.00 of future care and treatment costs.
Back to Wellness Physical Therapy……$4,500.00
The previously referred to attachments provide you with sufficient documentation to reasonably evaluate this claim. As you know this accident was severe and has caused me great emotional and physical pain. To date I am afraid to ride or drive in cars which prevents me from enjoying a large portion of my life because I cannot travel. Additionally, my injuries continue to bother me and cause residual issues with my health to date and will continue to bother me for the foreseeable future. For these reasons, I am making a demand in the amount of 35,000.00 in exchange for full and final settlement and release of all claims arising from this incident, against your insured. With this in mind, please get back to me no later than November 1, 2016 by 5:00 PM.
Very truly yours,
Tel: (234) 555-5656