Whiplash Injury Demand Letter
No matter the rate of speed you are traveling, if you are hit by another car while stopped or moving you are almost 100% certain to sustain a whiplash injury to your spine. Whiplash injuries occur when there is a sudden deceleration of force to your body. Your body experiences this type of injury most commonly in an auto accident and is the most common type of injury after a car crash, but also the most minor. Insurance companies will try to provide a low-ball settlement offer for whiplash injuries in car accidents. The below example will help you write a winning whiplash injury auto accident demand to get the highest amount of cash for your crash.
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HINT: Whiplash injuries are seen as the least severe to insurance company’s, but whiplash injuries can be serious and cause long term, debilitating affects and symptoms. If you have a whiplash injury to your neck, there is a chance that you will require extensive medical treatment for the damage done to your spine and neck from your whiplash injury.
“INSURANCE COMPANY NAME”
123 lala Avenue
Los Angeles, CA 90010
- (XXX) XXX. XXXX
- (XXX) XXX-XXXX
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 (xxx) xxx-xxxx
RE: Your Insured: Brian Smith
Claimant: Brandon Bear
Claim Number: xxxxxx-xxxxxxx
Date of loss: August 10, 2016
Settlement Demand: $25,000.00
Expiration of Demand: September 10, 2017 by 5:00 PM
SUBJECT: Settlement Offer: All Rights Reserved Pursuant to Evidence Code Sections 1152 and 1154
Dear Ms. Jane (adjuster name) and State Farm Insurance Company,
This letter shall serve as a representation of damages I sustained after your insured reversed his vehicle from a parking space and crashed into my car causing thousands of dollars in property damage and personal injuries.
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FACTS REGARDING LIABILITY
No issue of liability surfaces in this matter: On (insert date) I was stopped in my vehicle on Cherry Avenue in Los Angeles California when your insured reversed his vehicle and hit me from behind. The impact and the intensity of the impact caused to involve me in an accident with absolutely no contribution.
HINT: If you only sustained whiplash injuries then make sure to tell the adjuster you immediately felt pain after you were hit (that is, of course, if you actually had pain after being struck). This is because whiplash injuries are seen as the least severe kind of injuries in the insurance companies eyes. Auto Insurance companies will almost always try to provide a low ball offer if you only sustained whiplash injuries in the crash.
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 upper/lower back, shoulder, and neck pain. Additionally I began experiencing headaches and ringing in my ears during the days after the crash. 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 while reversing his car.
HINT: Back and neck pain is indicative of whiplash injury so putting this here makes the adjuster understand the kind of injury(s) you sustained. Make sure to go to the doctor immediately after the accident if you are feeling back or neck pain. This is almost ALWAYS due to a whiplash injury and/or a sudden acceleration/deceleration of forces (usually involved in car crashed).
HINT: Always list medical providers and provide records/bills so the insurance company knows you were actually injured. Your medical bills from doctors you saw for your injuries are the only evidence that prove your injuries.
On (date) I saw Dr. Abby due to my pain and discomfort. He treated me for the whiplash injuries I sustained in the crashed and diagnosed me as follows:
-Whiplash Injury- MVA
As a result of my whiplash, I was unable to complete my activities of daily living such as cooking, cleaning, and doing daily household tasks.
HINT: This shows the adjuster that due to your pain, you couldn’t do your everyday activities. The insurance adjuster will take this into account when evaluating your “pain and suffering damages.” Pain and suffering is a legal term referring to damages. Pain and suffering is a unitary concept because we cannot put a hard and fast number on it. For these reasons, make sure to write about your pain and suffering as a result of the damages and injuries you sustained in the crash. Writing more about pain and suffering especially when you only sustained a minor whiplash injury will help increase the amount of your ultimate settlement.
Dr. Nelson, D.C.
On (date) I presented to Dr. Nelson, D.C. for Chiropractic treatment and adjustments. At this time, he examined my neck, back, and shoulders and diagnosed me as follows:
There is tenderness on palpitation of the cervical spine along with spasm. There is tenderness and spasm along the lumbar spine musculature. He has recurrent headaches lasting throughout the day. The pain is rated 8/10 and is constant throughout the day. The patient has pain in her neck/back as a direct result of the motor vehicle accident on August 10, 2016.
HINT: This section lists the damages you incurred as a result of the crash. If you were injured and required treatment, make sure to list all of the total costs from each provider you have seen in order to recover the maximum amount of compensation for your claim.
Please see below for a list of damages I sustained as a direct result of your insured’s negligence
Dr. Nelson, D.C.…………….$1,000.00
HINT: Putting the total amount of damages helps the adjuster clearly see the costs you have incurred, and the value of your potential claim. Also, if you incurred out of pocket expenses such as parking fares, uber rides to the doctor, medication costs, gas used to get to/from the doctors office, etc, then you will be able to recover all of these costs when you settle your claim.
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As a result of your insured’s negligence I sustained whiplash injuries which caused damage to my spine and neck. I had to miss time from work and see various medical providers to treat my injuries and pain. I did not ask for this and did was on my way home from work when your insured ran the stop sign and hit me, causing my damages. The amount of damages I have suffered are sizable. For these reasons, I am making a demand for settlement of my injury claim in the amount of $25,000.00 in exchange for full and final release of al claims arising from this incident against your insured. This demand will expire on September 10, 2107 by 5:00 PM, I look forward to hearing from you and bringing this claim to a fair, prompt, and equitable resolution.
HINT: “in exchange for full and final release of al claims arising from this incident against your insured” is a legal term which means that once you settle your case or the insurance company pays your demand, you can never pursue any claim against their insured ever again. This helps the insurance company pay you the amount your asking for because they do not want their insured to be liable for any future claim and your letter lets them (their insured) off the hook.
As always, please contact me with any questions.
Very truly yours,
Tel: (323) 233-3333
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