T-Boned Demand Letter

T-Boned Demand Letter 2018-01-18T18:00:34+00:00

YORKMAN INSURANCE COMPANY

Mr. Jimmy Jamerson

4545 N. Blue Tail Road

Los Angeles, CA 40000

RE: Your Insured: Apple Redville 

Claimant: May Danbury

Claim Number: 2344-22-2222

Date of loss: June 10, 2016

Settlement Demand: $75,000.00

Expiration of Demand: December 10, 2016

SUBJECT: Settlement Offer: All Rights Reserved Pursuant to Evidence Code Sections 1152 and 1154

Hint: T-Bone auto accidents are more severe than a typical rear-end auto accident due to the side impact. When you are hit from the side while moving, the injuries you suffer can be more severe compared to someone that is struck from behind.

Dear Mr. Jamerson,

This letter shall serve as a representation of damages I suffered after your insured T-Boned me at the intersection of 10th Avenue and Wilshire Blvd in Los Angeles California while I was on my way home from work. The injuries I suffered were severe and required 6 months of medical care and treatment before I was pain free.

FACTS REGARDING LIABILITY

No issue of liability surfaces in this matter: On June 10, 2016 I was in my car on my way home from work. I was passing the intersection of 10th and Wilshire in Los Angeles California when your insured tried to speed through a yellow light. As you know, he struck my car as I was lawfully traveling through the intersection on a green light and is 100% liable for my injuries and damages.

BODILY INJURY AND MEDICAL TREATMENT

After the accident I returned home and began experiencing the onset of pain and discomfort throughout my body. The pain was so intense so I took pain medication which slightly helped reduce my symptoms of pain. I attempted to relieve my ailments via the use of home remedies such as hot/cold packs, rest, and over the counter medications. Unfortunately my pain was so severe that I decided to seek professional medical attention for my injuries.

New Spine Chiropractic

Due to my persistent complaints of pain and discomfort throughout my body I presented to New Spine Chiropractic in Harbor City California. At this time I was suffering from severe back pain and discomfort along with neck and left arm pain. The chiropractor examined me and found my cervical spine had tenderness to palpitation. He examined my lumbar spine and found the same. Due to tenderness and muscle spasm, Dr. Jones of New Spine Chiropractic performed x-rays of my cervical spine.

New Spine X-Ray Clinic

Due to my ongoing complaints of neck/back pain and discomfort, Dr. Jones decided to do an X-ray of my cervical spine to better assess the damage done to my spine in the accident. The X-ray revealed the following:

Cervical Spine X-Ray: There is straightening of the normal cervical lordotic curvature causing muscle spasm.

HINT: It’s always important to put the results of the x-ray in your demand letter to let the insurance adjuster know what kind of injury you suffered. Moreover, this helps the insurance company see evidence that you were injured as a result of their insured’s negligence.

After Dr. Jones reviewed my x-ray, he advised me to continue treatment with him for the next 6 weeks or until my pain was 100% subsided. I had to take off work to make all of my appointments, but nothing is more important than my health so I followed the doctors orders. During the course of my treatment my pain began to subside but the pain was still present. As a result of my injuries I was unable to complete my activities of daily living and even the easiest of tasks caused me serious pain and discomfort.

I continued to treat here until my pain was nearly gone. At this time Dr. Jones dismissed me and instructed me to return for another 6 weeks should my symptoms flare-up or become exacerbated for any reason.

HINT: Sometimes the insurance company will refuse to pay for a portion of your medical care and try to argue that it wasn’t necessary. This is why it’s important to always have a prescription from your treating doctor if you will be in chiropractic treatment or physical therapy for an extended period of time. This helps the insurance company see that a doctor prescribed you treatment, and you followed the doctors orders and are not just trying to “build up your claim.”

FUTURE MEDICAL CARE

As a direct result of the negligence of your insured, I require 6 weeks of chiropractic future medical care and treatment in the future. I did not ask to be injured and this accident has caused me grave emotional pain and physical suffering. To date, my injuries are not 100% healed and for these reasons, I require $2,500.00 to cover the cost of future medical care and treatment. Had your insured not T-Boned me while I was lawfully traveling through the intersection, I would not be sending you this demand. Unfortunately that is not the case and I was injured and require future care.

HINT: Restating the fact that you wouldn’t be injured if their insured didn’t hit you makes the insurance company see that they are 100% liable for your injuries and damages and will make them more inclined to make you a fair and reasonable settlement offer.

DAMAGES

Current Medical:

New Spine Chiropractic………..$3,500.00

New Spine X-Ray Clinic………$1,500.00

TOTAL:     $5,000.00

Future Medical

6/weeks New Spine Chiropractic……$3,500.00

TOTAL: $3,500.00

SETTLEMENT DEMAND

The attachments included with this demand will provide you with sufficient documentation to reasonably evaluate this claim. With this in mind, please remember that I was required to miss time from work and school as a result of this crash and the injuries I sustained as a result of your insured’s negligence. For these reasons, I am making a demand in the amount of $15,000.00 in exchange for full and final settlement and release of all claims arising from this incident against your insured. Please get back to me no later than December 10, 2016 by 5:00 PM.

Very truly yours,

May Danburry

Tel: (214) 333-9999