MOUNTAIN INSURANCE COMPANY
Ms. Becky Hamilton
1333 N. Sunrise Way
Los Angeles, CA 90000
SENT VIA FACSIMILE TO (xxx) xxx-xxxx
RE: Your Insured: April Dunn
Claimant: Bob Moon
Claim Number: 111-2222-3333
Date of loss: August 4, 2017
Settlement Demand: $75,000.00
Expiration of Demand: September 4, 2017
SUBJECT: Settlement Offer: All Rights Reserved Pursuant to Evidence Code Sections 1152 and 1154
Hint: Pedestrian v. Automobile cases are serious and generally involve serious or catostrophic injuries to the claimant. For these reasons, if there is a large insurance policy (i.e. $100,000 of coverage compared to the state minimum of $15,000) of insurance, you should generally ask for larger compensation due to the severity of being struck by a moving car and the associated trauma.
Dear Ms. Hamilton,
This letter shall serve as a representation of damages I suffered after your insured struck me with their car as I was crossing the street on 3rd and Ocean Avenue in Los Angeles California when I was trying to go to lunch with my friend. The injuries I suffered are real and significant and for these reasons, I am demanding compensation for my loss.
FACTS REGARDING LIABILITY
Hint: If you are not at fault for the incident, (i.e. if you were lawfully crossing the street or were in a cross walk with a “walk” sign) you don’t need to spend too much time on the liability section of your demand letter. Insurance companies take Ped v. Auto claims seriously and will almost always provide an initial higher offer compared to a simple Auto v. Auto accident claim.
No issue of liability surfaces in this matter: I was crossing the street to go have lunch with a friend at the intersection of 3rd and Ocean Avenue in Los Angeles California when suddenly and without notice your insured came zipping around the corner and hit me with his car while I was in the middle of the crosswalk. The intensity of the impact sent my body flying 10 feet down the roadway and I was immediately knocked unconscious. I later woke up in the emergency room surround by friends and family.
BODILY INJURY AND MEDICAL TREATMENT
Immediately after I was struck by your insured, I was taken to Mountain Hospital in Los Angeles California via Ambulance. Upon my arrival to the Emergency Room I was in excruciating pain. The doctors gave me pain strong narcotic pain medications that mad me loopy and tired. At this time, my head was pounding and every inch of my body ached. My arms and legs had large abrasions from the road, I had to get countless stitches that will later need to be removed and will leave me with a permanent scar. Finally, the doctors found that my right arm was immediately fractured on impact. I’ve never experienced such physical trauma and emotional pain before in my life. My injuries were diagnosed as follows:
HINT: It’s always good to list your injuries as they were diagnosed by the doctor at the emergency room and at each subsequent medical provider. Always list all of your injuries because insurance companies input medical codes in their system that correlate with the doctors diagnosis. If you leave a diagnosed injury out of your demand, it may reduce the compensation you will later receive for your claim,
R/L Leg Abraision’s
10 Stitches Right Leg
10 Stitches Left Leg
Right Arm Fracture
Dr. Stone- Orthopedic Physician
2 days after my stay in the emergency room I presented to Dr. Stone in Los Angeles California for treatment of my orthopedic complaints and right arm fracture. At this time Dr. Stone examined me and diagnosed the multitude of injuries I suffered as a direct result of your insured’s negligence. Dr. Stone diagnosed me with a right arm fracture, back/neck pain and discomfort, and then referred me to get an MRI and return for a follow-up visit.
Diagnostic Imaging Associates
3 days later I presented to Diagnostic Imaging Associates in Culver City California. At this time I had an MRI of my Lumbar Spine and Right Arm. The MRI read as follows:
Right Arm MRI:
- Right Arm Vertical Fracture
- L1-2: There is a 1-2 mm disc bulge
- L3-4: There is a 3-4 mm disc bulger
- There is a 2-3 mm disc bulge effacing nerve root
Dr. Stone- Orthopedic Physician
I then returned to Dr. Stone who read my MRI’s and fitted me with a cast for my arm. He examined my back and we did various therapudic exercises that only slightly relieved my pain. He gave me a refill of my pain medication that I take 3 times per day. The medication is so strong that sometimes it makes it difficult to eat and drink.
Dr. Stone then wrote me a referral to see a physcial therapist to help regain my strength and muscle function. He instructed me to return for a follow-up visit if my back and neck pain persist after physical therapy treatment is complete.
Dr. Jones, PT
On August 30th, 2017 I presented to Dr. Jones for Physical Therapy treatment. At this time, I had severe neck, back, and shoulder pain. Additionally, my arm was in a cast so he had to modify my exercises. I continued to treat with Dr. Jones over the course of 6-8 weeks. During this time, my pain began to slowly and progressively get better. Dr. Jones truly helped me regain my strength after this accident, and it was necessary for me to receive his treatment due to the nature of my injuries and diagnosis by my treating orthopedic physician.
HINT: Insurance companies like coming up with any reason they can to say that, “treatment wasn’t reasonable or necessary, and thus, they are not paying for it.” For these reasons, it’s always smart to attach a copy of the doctors prescription for your physical therapy treatment to your demand letter.
FUTURE MEDICAL CARE AND TREATMENT
As a result of your insured’s negligence, I was injured and require future medical care and treatment. If my symptoms flare-up or become exacerbated for any reason and I will need to return to a doctor for treatment. For these reasons, I require compensation to be included for the cost of any future medical care and treatment costs.
HINT: Always make sure to calculate all of your damages, including time missed from work. If you missed work due to treatment or because you were healing and could not work, the insurance company is required to pay you for the days/time you missed from work. This will all come in to play when negotiating your settlement and the value of your claim.
Diagnostic Imaging Associates………………$3,500.00
The previously referred to attachments provide you with sufficient documentation to reasonably evaluate this claim. While I have been doing my best to recover from my injuries, it is likely that I will suffer exacerbations or flare-ups of my pain in the future. For these reasons, I am making a demand for settlement of my injury claim in the amount of $75,000.00. Please get back to me no later than September 4, 2017 by 5:00 PM. As always, please contact me with any questions.
Very truly yours,
Tel: (213) 234-8888