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Rear Ended Car Accident Settlement Demand Letter

Rear Ended Car Accident Settlement Demand Letter

One of the most common car accidents is a rear-end collision. The driver who hits you from behind is nearly always to blame for the crash. The at-fault driver might have been texting, changing the radio, or simply not paying attention. Whatever the reason, you can usually expect full compensation for your injuries in a rear-end crash. This article describes how to write an effective rear ended car accident settlement demand letter to the insurance company to demand a fair settlement amount for your rear end car accident

Because the other driver caused the crash, you will need to deal with the other driver’s insurance company to obtain compensation for your injuries. Start negotiations with the insurance adjuster by sending a written demand letter to his insurance company.

Car Accident Settlement

How to Write a Strong Rear Ended Settlement Demand Letter

Before you demand a rear end car accident settlement from the insurance company, you must calculate the value of your rear end car accident settlement. You do so by adding up your special damages and general damages.

Your special damages are hard costs such as medical bills, receipts, and lost wages. General damages are for emotional distress and pain and suffering.

You also need to have this evidence to submit to the insurance company:

  • Police report
  • Eyewitness statements
  • Photographs of the accident scene, vehicles, and your injuries

How to Draft a Detailed Rear Ended Car Accident Settlement Demand Letter

With skill and care, you can put together a demand letter that is just as effective as one from a personal injury attorney. Below are some tips to strengthen your letter:

  • Have a loved one or friend proofread your demand letter to check for grammar and spelling errors.
  • Check the spellings of locations and names carefully.
  • Run the math several times and make sure to type all dollar amounts properly.
  • Print the letter on high-quality white paper.
  • Sign the letter in black or blue ink.

The rear ended car accident settlement demand letter should have these sections:

  • Statement of facts: Describe your version of the accident and mention both before and after the rear-end accident.
  • Liability: State your evidence proving the other driver caused the crash.
  • Injuries: Describe your injuries, emotional trauma, and pain and suffering.
  • Damages: Detail your special and general damages.

Make a copy of the letter and all included documents for your accident file. You want to have all of this information when you negotiate with the insurance adjuster. Send your letter by certified mail and request a return receipt. When you get the return receipt back, attach it to your demand letter copy.

Car Accident Settlement

Example Rear Ended Car Accident Settlement Demand Letter

Below is a sample demand letter to the at-fault driver’s auto insurance company. You can adapt our sample letter to create your own highly professional accident demand letter.

John Smith
1234 Elm Way
Columbus OH 43229

Oct. 20, 2020

Acme Insurance Company
1234 Street – Suite B
Columbus OH 43224

Attn: Adjuster David Gilmour

Your Insured: Richard Wright

Re: Auto Collision on July 5, 2020

Claim Number: AUTO0001112

FOR SETTLEMENT PURPOSES ONLY

Dear Mr. Gilmour,

As you know, I suffered serious injuries on July 5, 2020 at 4 PM when your insured’s Jeep Cherokee slammed into the rear of my Mazda Miata MX-5. the crash occurred at the intersection of Sharon Woods Blvd and I161 in northern Columbus, OH.

If not for the negligent actions of your insured, Richard Wright, I would not have suffered serious injuries, lost wages, and pain and suffering.

I was driving home from the grocery store, obeying all traffic laws, and paying attention to the road and my surroundings. I stopped for a red light near the Apothecary Drug Store on Sharon Woods Blvd. when I was rear ended by your client. I suffered injuries in the crash caused by Mr. Wright through no fault of my own.

I never did anything that caused this or asked this to happen. Before the crash, I had a busy home and work life and had no discomfort or pain. Everything changed when Mr. Wright slammed into my car. Because of his negligence, I have suffered serious pain and discomfort that have disrupted my life. I also have financial losses, medical expenses, vehicle damages, and lost earnings.

The crash caused a serious injury to my right arm that left me in pain for weeks. I received treatment for my accident injuries by my doctor. Dr. Giammarco at the Sharon Woods Medical Center.

I seek compensation for my injury-related damages that I suffered in the collision with Mr. Wright. Those damages are my medical bills, lost wages, out-of-pocket costs, and pain and suffering.

FACTUAL SUMMARY

On July 5, 2020 at 4 PM, I was driving to the grocery store on Sharon Woods Blvd. As I approached the intersection of Sharon Woods and 161, I stopped at a red light. Your insured, Mr. Wright, rear ended my Miata at a high rate of speed.

Your insured did not stop behind me and slammed his Jeep Cherokee into my Miata. The force of the crash sent me backwards and my left arm slammed into the driver’s side window, causing sharp pain.

I pulled over to the side of the road right away. Your insured also pulled over, said he was sorry and asked if I was ok.

I called 911 to report the crash. A police officer arrived 10 minutes later. The officer asked if I needed an ambulance. I said I did not think I needed to go to the hospital.

The rear of my Miata was severely damaged. His Cherokee showed little damage. Both cars could be driven. After reviewing the crash scene, the officer ticketed Mr. Wright for failing to stop in a reasonable amount of time.

INJURIES AND TREATMENT

After the crash, I went home. The next morning, my left arm hurt terribly. I could not use it.

I called off work and I went to my doctor, Dr. Giammarco. He checked my arm and did an X-ray. I did not have a fracture, but I had strained several ligaments in the upper portion of my left arm.

He gave me pain medication and told me to keep my arm in a sling. Because I work in a warehouse, he told me not to work.

I came back for a checkup a week later. The doctor said my arm was better enough so I could begin 10 days of physical therapy. As the enclosed documents show, he ordered physical therapy to improve the strength and range of motion of my arm so I could get back to work.

The therapy was painful and took time, but I was willing to do what I could to regain full use of my arm. After two weeks of therapy, I was sent back to work.

WORK HISTORY

I have worked at Apples Factory Warehouse in Columbus since I got out of high school four years ago. I am a full-time employee with an outstanding attendance record.

My lost wages statement shows I missed three weeks of wages, and I also get four hours of overtime per week. So I lost 12 hours of overtime pay because of your insured’s negligence.

Losing my paycheck was terrible for my family. Feeling ashamed, I had to ask friends and family for financial help.

DAMAGES

Below are the medical bills and losses I suffered because Mr. Wright rear ended my car. Proof of loss, including receipts and bills, are all enclosed.

Dr. Giammarco: $500
Acme Physical Therapy: $2000
Lost Wages: $3000
Pain and suffering: $11,000
Total damage: $15,500

To pay me for my physical pain, emotional distress and financial costs I sustained because of Mr. Wright’s negligence, I demand $15,500 to resolve this claim.

Please respond within 15 business days. Thank you.

Sincerely,

John Smith

Read: Actual Rear End Collision Settlement Examples

Final Thoughts on Writing an Effective Rear End Settlement Demand Letter:

With some thought, you can write an effective rear ended car accident settlement demand letter without much help. Just be sure to include as much detail about the accident, injuries, treatments, and negative effect that the accident has had on your life and mental health. If you’re struggling to write a good demand letter or are unsure about what damages you should include, a free consultation with a personal injury attorney is usually a good place to start.

Car Accident Settlement

Frequently Asked Questions about car accident settlements

You can sue after you are rear ended, as the rear driver usually caused the accident. However, you must show that you have property damage and/or injuries that were directly caused by the accident.

Almost 90% of rear-end crashes involve a distracted driver.

The letter should include: 

  • Statement of facts: Describe your version of the accident and mention both before and after the rear-end accident. 
  • Liability: State your evidence proving the other driver caused the crash. 
  • Injuries: Describe your injuries, emotional trauma, and pain and suffering. 
  • Damages: Detail your special and general damages.

The average settlement where a truck rear ends a car is $70,000 to $100,000. For a car rear ending another car, the range is between $2000 and $10,000.

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