Truck Accident Demand Letter

|||Truck Accident Demand Letter
Truck Accident Demand Letter2018-01-23T16:23:37+00:00

Truck accidents cause serious and catastrophic injuries, and insurance companies know this. The type of insurance policy that Trucker’s are required to carry vary by state, but in each and every state truckers are required to carry a commercial insurance policy which generally provides for more than 5 million in coverage. This is important because the injuries people sustain in truck accidents  can cause severe and permanent injuries and death. For these reasons, truckers carry commercial insurance policies.

HINT: When writing your truck accident demand letter it’s important to make sure it’s detailed. Your letter should always include all the doctors treatment records/bills and any surgical or future medical care recommendations. Insurance companies are required to provide compensation for future care recommendations and surgery can be expensive. If a doctor recommends a $50,000 surgery, you can argue to the insurance company that you need that money for the future despite the fact that you may not decide to proceed with actual surgery

TRUCKERS INSURANCE CO, LLC

123 lala Avenue

Los Angeles, CA 90010

  1. (222) 434. 4444
  2. (222) 999-8999

HINT: Having all of the insurance companies info; i.e., address, adjuster name, etc lets them know that you are organized and on top of things! Also, it lets them know that you know where to serve a lawsuit if need be.

SENT VIA FACSIMILE TO (222) 999-8999

RE:                  Your Insured:                                   Jack Frost                 

           Claimant:                               David Jones

           Claim Number:                     76555-877999

           Date of loss:                           June 1, 2017

           Settlement Demand:             $100,000.00

           Expiration of Demand:        September 20, 2017 by 5:00 PM

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

 

Dear Truckers Insurance Co, LLC and Handling adjuster,

As you know, on June 1, 2017 I was on my way to work when suddenly and without notice one of your truck drivers hit me as I was traveling through the intersection at 100th Avenue and Grand Street in Los Angeles California. The impact was so intense that the fire department had to cut my seatbelt to remove me from the mangled vehicle.

HINT: Writing the make/model of the truck shows the insurance company how much larger his vehicle is than yours. Thus, increasing the amount of compensation they will provide for your injuries. Make sure you research the make and model of the truck and include the trucks weight, compared to your cars weight if possible to show the massive difference between the two.

FACTS REGARDING LIABILITY

No issue of liability surfaces in this matter:  On June 1, 2017 I was on my way to work and was hit by your insured while he was driving his 18-wheeler truck as  Iwas lawfully traveling through the intersection at 100th avenue and Grand Street in Los Angeles California.

BODILY INJURY AND MEDICAL TREATMENT

Immediately after the hit (hint: using words like hit or crash helps the insurance adjuster visualize your pain, and thus, provide more compensation for your losses) I began experiencing back and neck pain. I have never felt back or neck pain before in my life, so I’m confident that it was as a result of your insured striking me from behind.

HINT:  If you were just hit by a truck and have not seen a doctor then you should go see your physician or to the emergency room immediately. Your body commonly goes into shock after an accident and it is normal not to feel pain for these reasons (despite the fact that you may be seriously injured). Additionally, if you feel pain in 3-4 weeks and then go to the doctor, the insurance company will try to provide you with a low offer because you didn’t go to the E.R. or the doctor immediately after the crash. For these reasons you should always go get checked out, ESPECIALLY if you’ve just been hit by a truck.

HINT: A section including the injuries you sustained in the accident and a brief description of the doctors or hospitals you visited throughout treatment lets the insurance company and adjuster know that you were injured and required medical treatment. You will attach your medical bills/reports to the demand so you can prove your damages which the insurance company is required to pay by law.

Immediately after the accident I attempted to relieve my ailments via the use of home remedies such as Advil and Tylenol. Unfortunately these methods failed to substantially resolve my back, neck, and shoulder pain, and at this time, I decided to seek professional medical attention for my injuries at the Emergency Room.

HINT: This helps the insurance company see that you were actually injured. Additionally, if you didn’t feel any pain right after the crash (which is normal due to shock,) this helps the insurance company understand that you began feeling your injuries a week or 2 after the accident (extremely common in auto accidents).

Los Angeles Emergency Room

A few days after the crash, on June 4, 2017 I presented to Los Angeles Emergency Room due to my ongoing and persistent complaints of pain throughout my body. At this time Dr. Brody examined me and found that I suffered a broken wrist in the crash along with neck, back, and spine injuries. Dr. Brody took x-rays and a CT scan of my cervical and lumbar spine along with my left wrist which was found to be fractured. He instructed me to follow-up with an orthopedic specialist.

HINT: Putting the doctors recommendation in your demand lets the insurance company or adjuster know that the doctor prescribed you a course of treatment and that you’re not going to the doctor for no reason or to attempt to build up your claim.

Dr. Ronald Jones, M.D. Orthopedic Institute L.A.

On June 7, 2017 I presented to Dr. Jones, M.D. who is an orthopedic specialist. He read the x-ray from the emergency room and decided the best course of treatment would be to put my hand/wrist in a cast for 6 weeks.  Dr. Jones then prescribed an MRI of my cervical and lumbar spine to better assess the damage done in the crash.

HINT: If the doctor prescribes an MRI, make sure you get it. If you don’t the insurance adjuster may think you were uninjured because you didn’t follow the doctors recommendations.

California Imaging

On (date) I went to California Imaging to get an MRI of my cervical and lumbar spine per Dr. Jones’s orders. The MRI results are as follows:

LIST MRI RESULTS HERE:

  1. Example: Neck injury
  2. Example: Back injury
  3. Example: Shoulder injury

HINT: Listing your MRI results shows the adjuster that you were actually injured in this crash and that you’re not making anything up. If you have positive MRI findings, there is no better evidence to prove your injuries. If you have a large number of medical providers, make sure you list each and every one, and the length of time you treated with that Dr. or facility before moving on to the next section of your demand.

LOST WAGES

HINT: If you lost wages due to missing work for doctors appointments, make sure you document the hours missed along with proof of your income like a pay-stub or paycheck so you can list them at the end of your demand and prove your loss so you can eventually be compensated for it. All of the time you missed from work can be recovered in your settlement.

Make sure to write a little about your work history, length of employment, etc so that you can help the adjuster understand how frustrating, difficult, and inconvenient missing time from work has been.

DAMAGES

HINT: This is arguably the most important section of your demand because it lists the amount of your medical bills, lost wages, etc. These items are commonly referred to as, “damages.”

Please see below for a list of damages I sustained as a direct and proximate result of the negligence of your insured.

Dr. Brody California E.R.………………..……$4,000.00

California Imaging…………………………….$4,500.00

Dr. Jones (Ortho)………………………………$10,500.00

Out-Pocket-Expenses………………………..…$500.00

Lost Wages…………………………………….$1,000.00

_____________________________________

TOTAL MEDICAL:                                    $20,500.00

TOTAL DEMAND:                         $100,000.00

HINT: Putting the total amount of damages helps the adjuster clearly see the costs you have incurred, and the value of your potential claim. Putting your “total demand” amount will show the adjuster then umber you wish to settle for. Always put a number that is higher than you wish to settle for so there is room to negotiate.

SETTLEMENT DEMAND

I suffered immensely as a result of the negligence of your insured. After consideration of my injuries and the medical treatment I have been through I believe $1000,000.00 is a fair and reasonable sum to compensate me for my loss. Had your insured been paying attention and not ran the red light, I never would have been injured. With this in mind, please get back to me no later than September 20, 2017 by 5:00 PM to discuss.

Very truly yours,

[Signature]

Phone: (xxx) xxx-xxxx

HINT: You must make sure to give the adjuster a time-frame in which to respond to your demand or they will delay evaluating your claim. Trucking companies insurance adjusters can be tough negotiators and you MUST give them a deadline to respond. Always make sure to provide a number that you are looking to settle your case for. Make sure not to ask for too much, but make sure you ask for more than you want to settle the claim for so there is room to negotiate, especially when dealing with a truck accident. Truck accidents are higher value claims because of the size and weight of trucks and injuries and damages they cause when involved in an accident with another vehicle on the road. For these reasons, make sure to get all the medical treatment you can and that your injuries are 100% healed before sending your truck accident demand and settling your case for top dollar.