Motorcycle Accident Demand Letter
Motorcycle accident victims are far more likely to suffer a significant injury than those involved in a car accident. According to the Insurance Information Institute (iii), in 2018 there were some 82,000 injuries and 4,985 fatalities in motorcycle accidents in the United States. Motorcyclists are about 28 times more likely as passenger car occupants to die in a motor vehicle traffic crash.
Settlement discussions with the at-fault driver’s insurance company are a crucial step in your motorcycle accident case. In this article we will discuss ways to write an effective motorcycle accident demand letter.
How to Assemble A Strong Demand Packet
Should you choose to hire an attorney to assist you in receiving compensation, they will help you draft your demand letter. But if you choose to go up against the insurance company on your own, you need to know how to approach with your demands. The very first step is to calculate the value of your claim. This includes your special damages and general damages.
Your special damages are medical bills, receipts for out of pocket medical treatment, and lost wages. General damages cover your pain and suffering, both emotional and physical.
Gather the following documentation to provide to the insurance company:
- Police report
- Eyewitness statements
- Photographs of the accident scene, vehicles, and your injuries
How to Draft a Detailed Demand Letter
Here are a few tips to draft an effective demand letter:
- Be sure to have your letter proofread for any errors.
- Make sure to spell names and locations correctly
- Ensure that your math is correct when totalling up costs
- Print your demand letter on high-quality white paper.
- Use blue or black ink to sign your letter.
- Use certified mail to send your letter and request a receipt.
The demand letter should have these sections:
- Statement of facts: In detail, describe the accident. Be sure to include events before and after.
- Liability: Explain why the other driver was at fault.
- Injuries: List all of your sustained injuries
- Damages: Clearly outline your special and general damages
Always remember to keep a copy of the demand letter. This includes copies of the proof that you submitted with your letter. Negotiations are a possibility and you will need to reflect back on your letter. You want to have all of this information when you negotiate with the insurance adjuster.
For further guidance, contact an experienced motorcycle accident lawyer today.
Sample Motorcycle Accident Demand Letter
January 23, 2020
VIA FACSIMILE: 800-123-4567
Mr. John Smith
2222 S. Red View Way
Los Angeles, CA 80000
RE: Your Insured: Jone Ashton
Claimant: John Dearfield
Claim Number: 111-2222-3333
Date of loss: September 10, 2016
Settlement Demand: $75,000.00
Expiration of Demand: October 10, 2017
FOR SETTLEMENT PURPOSES ONLY
NOTE: “For Settlement Purposes Only” used on a motorcycle accident demand letter is to prevent responses and negotiations from being later introduced at trial should the parties fail to reach a settlement agreement.
Dear Mr. Smith:
On September 10, 2020, I was seriously injured while riding my motorcycle on Sherbert Avenue in Los Angeles, California. As I approached the intersection at Sherbert and 4th Street, obeying all traffic laws and maintaining a speed well within the legal limits, your insured ran a red light and struck my motorcycle. Were it not for your insured’s negligence, I would not have gotten injured. Also, I would not have incurred considerable personal expenses in the form of repair costs, medical care, missed wages, and pain and suffering.
NOTE: Pain and suffering refers to physical pain as well as emotional and mental injuries suffered due to the motorcycle accident. Emotional and mental ailments can include things like fear, anxiety, depression, and insomnia. There is no universal rule for calculating pain and suffering. But as a general matter the more significant your injuries the higher your pain and suffering damages will be.
Immediately following the incident, I went to Downey Hospital located in Downey, California. Upon arrival at the hospital Dr. Howser ordered x-rays and a CT-scan. I received treatment for multiple head/neck contusions, an arm fracture, road rash, and several broken ribs. I spent the night in the emergency room before discharged with instructions to seek further treatment the following day.
NOTE: Even though it is common to refer to a motorcycle accident as an “accident” in everyday use, you do not want to use the term in your motorcycle accident demand letter. An accident implies that no one was at fault, which is the opposite of what you are claiming.
The day after the collision, I went to Mountain Top Medical Group for further examination and fitted with a cast. At that time I had back, neck, shoulder, leg, and arm pain and discomfort. Doctor Rose put my arm in a cast and told me it would take 6 to 8 weeks for my arm and other wounds to heal enough so that I could go back to work. After prescribed pain medication, I was then sent home to rest.
My recovery was difficult and painful. After 8 weeks, I was able to get my cast removed. I returned to work on November 14, 2020. I needed to borrow money from family to make ends meet while I was unable to work. My arm is still sore, and I have yet to remain full range of motion in my arm, it is unclear if I ever will.
NOTE: Provide a brief summary of your medical treatment. Also, list any facts that clearly show the extent of your pain and suffering. If your injuries will be or are likely to be permanent, be sure to emphasize it.
The following is a list of my medical damages and other financial losses related to the collision. Please find enclosed copies of medical bills, receipts, and a signed letter from Dr. Rose which states that I was unable to work until my cast removal.
Downey Hospital: $8,000
Ambulance Service: $1,000
Mountain Top Imaging: $3,000
Dr. Rose Mountain Top Medical Group: $7,500
Medications, bandages: $425
Lost wages: $10,000
Total Damages: $29,925
NOTE: Be thorough in itemizing your medical expenses and other losses related to the accident. Include expenses for things like prescriptions and other medical supplies. Ensure that you provide copies of all receipts. Also, include a letter from your doctor explaining that you were unable to work for a certain amount of time. All of these documents are helpful in bolstering your motorcycle accident demand letter.
To compensate me for the physical pain, emotional distress, and the financial losses that I sustained because of your insured’s negligence, I am making a demand for settlement of my injury claim in the amount of $100,000 in exchange for full and final release of my claims. This demand will expire on February 23, 2021 at 5:00 P.M. Please contact me at your earliest convenience to discuss.
Thank you for your assistance in this matter.
NOTE: Including a deadline can create a sense of urgency but it is not required. In either event, plan on following up with the adjuster within three to four weeks. Insurance adjusters typically manage large caseloads. They will generally respond to your demand as soon as possible but a reminder can be helpful as long as you are not pushy.
Tel: (213) 555-7777
Finding a Motorcycle Accident Attorney
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