Whiplash Injury Demand Letter

Car crashes are an unfortunate reality. And each year, millions of Americans sustain a whiplash injury as a result of a car accident. No matter the rate of speed you are traveling, if you are hit by another car there is a good chance that you will suffer 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 is is sometimes considered the most minor.

However, despite being one of the less minor injuries that a person can sustain from a car crash, there is still a process of healing and recovering damages after you are injured. Part of that process is going up against the other driver’s insurance company. One major step in getting the whiplash injury settlement you deserve is putting together a whiplash injury demand letter.

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 demand letter to get the highest amount of compensation.

 

January 4, 2021

VIA FACSIMILE: 800-123-4567

Ms. Amy Sanderson
123 Main Street
Los Angeles, CA 80000

RE:                 Claimant:                                Todd Johnson

                       Claim Number:                    123-222-3333

                       Date of loss:                           October 19, 2020

                       Settlement Demand:          $11,500.00

 

FOR SETTLEMENT PURPOSES ONLY

NOTE: Including “For Settlement Purposes Only” in a whiplash injury demand letter ensures that the correspondence is not subsequently introduced at trial should you fail to reach a settlement agreement. 

Dear Ms. Sanderson: 

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 at the Target located on Willow Street in Los Angeles, California. 

FACTS REGARDING LIABILITY

On October 19, 2020 I was stopped in my vehicle in a Target parking lot on Willow Street in Los Angeles California when your insured reversed his vehicle and hit me from behind. Due to the fact that my car was immobile at the time of the accident, I did not contribute in any way to this collision. 

BODILY INJURY AND MEDICAL TREATMENT

NOTE: If you only sustained whiplash injuries then make sure to tell the adjuster you immediately felt pain after you were hit. Whiplash injuries are seen as the least severe kind of injuries to the insurance companies. Auto insurance companies will almost always try to provide a  low ball offer if you only sustained whiplash injuries in the crash.

Immediately after the collision 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.

NOTE: 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 crashes).

Dr. Abby

NOTE: 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 October 23rd, 2020 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
  • Neck pain
  • Back pain
  • Headaches
  • Spinal injury(s)

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.

NOTE: This shows the adjuster that due to your pain, your daily routines were effected. 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 October 30th, 2020 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 palpation 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 October 19, 2020.

DAMAGES

NOTE: 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. Abby – $5,000.00
Dr. Nelson, D.C. – $1,000.00
Out-Pocket-Expenses – $2,500.00
Lost Wages – $3,000.00
TOTAL:                                 $11,500.00

NOTE: 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.

I missed two weeks of work as an office manager at Frontier Staffing due to my whiplash injuries. Due to my time off of work, I lost $3,000 in wages. I have attached a letter from my doctor explaining that I could not work during that time. 

NOTE: Don’t forget to include a letter from your doctor stating that you are unable to work. Make sure this letter includes the length of time you were off work and why you were unable to work. An insurance company is likely to decline payment for lost wages without this documentation. 

Settlement Demand

I am enclosing documents that verify my injuries, the treatments necessary, and proof of my time away from my job. In order to cover these costs, I am demanding a settlement of $11,500.00 Please contact me should you require any additional information or to discuss this settlement demand in more detail.

I appreciate your prompt resolution of this matter. Thank you.

Sincerely,

Todd Johnson
Tel: (258) 741-5555

Enclosures

 

Need a Whiplash Injury Auto Accident Lawyer? 

If you need help drafting a whiplash injury demand letter or want to discuss your case in depth, Lawsuit Info Center can connect you with the top lawyers in the U.S. 

Free, no risk legal consultations are just a phone call away. Call us today at 877-205-4877 to connect with an experienced whiplash injury auto accident lawyer.