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Sample Car Accident Demand Letter

August 11, 2017

“INSURANCE COMPANY NAME”

“Adjuster Name”

123 lala Avenue

Los Angeles, CA 90010

  1. (XXX) XXX. XXXX
  2. (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:                                   David Doe                             

           Claimant:                               Johnny Appleseed

           Claim Number:                     XXX-XXXXXX

           Date of loss:                           September 1, 2016

           Settlement Demand:             $25,000.00

           Expiration of Demand:        September 11, 2017 by 5:00 PM

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

Dear (“adjuster name”) and “XYZ Insurance Company”,

This letter shall serve as a representation of damages I sustained after your insured crashed into me at a high rate of speed on September 1, 2016. (insert date of accident here).

FACTS REGARDING LIABILITY

HINT: Writing a small paragraph regarding liability will help the insurance company remember that the accident is 100% their insured’s fault and that they are liable for your injuries and damages and you must be compensated for your loss.

No issue of liability surfaces in this matter: On, (insert date of accident) your insured ran a red light and T-boned me as I was lawfully traveling through the intersection at Apple and Cherry Avenue in Los Angeles California . The impact caused thousands of dollars in property damage and injuries to my person and psyche.

HINT: Always put the accident location so the insurance company and adjuster know you’re familiar with the area and so they can locate it on a map it will almost always help your position with respect to liability.

BODILY INJURY AND MEDICAL TREATMENT

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.

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).

Dr. XYZ

On (insert date you first saw medical provider/doctor) I saw Dr. XYZ due my persistent complaints of pain throughout my body. Dr. XYZ examined me and told me that I sustained injuries to my neck, back, and shoulder in the crash. Dr. XYZ told me to return to his office 2-3 times per week until my pain is resolved.

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.

On (insert date you returned to Dr.) I returned to Dr. XYZ for treatment of my injuries and ongoing pain in my back, neck, and shoulders. At this time he examined me and found that I need an MRI to better evaluate the internal damage done to my spine 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.

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