What Goes into a Letter of Demand to an Insurance Company?

Someone’s negligence causes some accidents. For example, your car accident could be caused by another driver rear-ending you at a stop sign. You may be entitled to compensation for your losses if you have serious injuries. 

To ensure you receive adequate compensation for your damages, it is necessary to send a demand letter to the negligent party’s insurance company. Keep reading so you know what should go into your demand letter. If you have questions about filing a claim, talk to our California personal injury attorneys at The Cartwright Law Firm, Inc. 

Your Expenses

The most important thing you will put into the demand letter is details about your medical and out-of-pocket expenses stemming from the accident. The insurance adjuster will base their settlement offer primarily on the expenses you incurred from the incident. Some of these expenses may include the following: 

• Medical bills for treatments
• Rehabilitation expenses
• Lost earnings because you cannot work
• Prescription costs
• Repair bills to your personal property 

The demand letter will be based on your costs from the accident. You and your attorney will include receipts, medical bills, etc. It helps to wait until you are healed before sending the demand letter. Maximum medical improvement is known as ‘maximum medical improvement.’ You do not want to issue a demand letter only to discover you need thousands more medical treatments in two months. 

Show The Facts Of The Accident

The demand letter is a detailed explanation of how the accident happened. Most lawyers recommend writing the demand letter as if the adjuster knows nothing about what happened. Also, do not assume they know anything about your subsequent medical treatments. 

Start recounting the facts by explaining the accident. For example, if you were rear-ended at a stop sign, tell them where it happened and when. Give the street names and tell the adjuster you were sitting there when you were hit. 

Explain every detail of the accident as you remember it. If you have a copy of the police report, include it with the letter. It’s even more critical to have the report if their client is cited for the incident. Also, include eyewitness testimony, which is crucial for proving fault. 

Use every piece of evidence you have to show the other driver was negligent and caused the accident. 

Discuss After The Accident

So, you have described how the accident happened and showed your damages and losses. Now, discuss the things that happened to you after the accident. It is generally best to start your narrative from the first moments after the accident. 

Tell the insurance adjuster about your pain and discomfort after the crash. For example, if you felt dizzy or sick, mention it. 

Your medical records will only discuss the injuries and how you were treated later. The demand letter is your time to discuss how the accident affected and hurt you. Plus, while it helps for the doctor to mention your pain level, only you know how much it hurts and where. Be as descriptive as you can about your discomfort. You may feel pain immediately, or it could take a few hours. 

Talk About Your Recovery 

Now, discuss your recovery and medical treatments. Treatments might have begun at the crash scene or ER if first responders treated you. Or, your care could start a few days after the crash. It is best if you were treated as soon as possible after the crash; the insurance company may try to deny your claim if you wait too long. 

Tell the insurance company when and where a doctor saw you. Tell them why you needed medical treatment. For example, perhaps you had a headache and dizziness from hitting your head during the accident. 

The recovery process could detail the doctor treating you, then being seen by a brain and spine doctor for additional diagnosis. You also may have needed diagnostic scans of your head and neck at the ER. Ensure the insurance company knows what you are going through during your recovery. 

Stress Pain And Suffering

Medical bills and lost earnings are critical in your claim, but pain and suffering are also worth a lot of money, too. Your doctor’s medical notes will detail everything he did. But it is up to you to tell the insurance company about your pain and suffering, also called special damages. 

If you injured your head in the crash, talk about how much your head and neck hurt. Detail how you cannot enjoy your daily exercise or drive because of your head injury. Perhaps you must stay in bed in the dark much of the day to recover from a concussion. Be as descriptive as you can about your pain and mental anguish from your injuries. Your attorney can help to value your pain and suffering by checking how much similarly injured parties have received recently for similar damages. 

Pain and suffering are only one type of general damages you can get in the claim. Others are emotional trauma, loss of consortium, future medical costs, and reduced quality of life. Most injured parties only partially value their pain and suffering, so provide plenty of information in your demand letter. 

List A Settlement Amount

Once you have listed all these details, offer a reasonable settlement amount that will satisfy you. Your attorney will advise you on that number. Some attorneys are demanding two or three times your economic damages, including medical bills and lost earnings. 

Contact A California Personal Injury Attorney Today 

If you were injured in an accident caused by someone else, you must submit a demand letter to settle your case. When there are minor injuries, you might do it on your own. However, if you are seriously hurt, talk to an attorney. 

The Cartwright Law Firm, Inc. has ample experience handling personal injury claims in California, so contact us today with our online contact form. We can review your case, help you write a demand letter, and, if needed, take the case to trial.