Settling your car insurance claim: how to write a demand letter

You don’t need to be a great writer to draft a demand letter. Setting out the necessary information to support your demand should be sufficient. CAUTION: If you are not confident that you can write the letter, you may want to consult a personal injury attorney.

Here is a sample demand letter in a fairly simple claim:

Dear Adjuster,

On October 15, 2005, my 2001 Honda Civic was struck by your insured, Joe Smith’s 2002 Volkswagen Jetta, at the corner of Elm and Main in Silver City when Mr. Smith ran a stop sign. His car’s front end hit my driver’s side door and left fender causing $3,500 in property damage, paid by your company. My seatbelt was on. The police report shows Mr. Smith was at fault. He received a ticket for running the stop sign.

An ambulance took me to Town Hospital’s emergency room where I was x-rayed and examined. My injuries were severe bruises to my upper body, left arm and left hip, and soft tissue damage to my neck and back. I was released from the hospital after several hours and sent home with instructions to stay in bed for a few days, use ice, wear a neck brace, and take Vicodin for pain and Flexiril to relax my muscles.

I stayed home from my job as a teacher for one week. I had follow-up treatment with my family physician, Dr. Harvey Stein, six days later. He told me to continue icing three times a day, and referred me to a physical therapist for my neck and back. I saw Julie Lyons, RPT, for 4 weeks, twice a week, and then for 4 more weeks, once a week. I am still doing the stretching and strengthening exercises at home. I’ve gone back to see Dr. Stein twice and have another appointment with him next week. I still have quite a bit of pain in my neck and back.

My medical bills totaled $3,450 as follows (Copies of bills attached):

Ambulance: $650

Hospital E.R, x-rays, exam, neck brace: $490

Dr. Stein: $225

Julie Lyons, RPT: $1216

Prescriptions: Flexeril, Vicodin: $219

I have lost wages in the amount of $1000. (Documentation attached.)

As a result of the accident, I had to cancel reservations for a conference. The nonrefundable fee was $240. (Receipt attached.)

As a result of being hit by Mr. Smith’s car, I couldn’t take my children to school and back for a week. I hired someone to help with that for $75 (Receipt attached.) I also had to hire a cleaning person to take care of the house and I will continue to need someone as long as I have pain in my neck and back. So far, this has cost me $600. (Cancelled checks attached).

My special damages come to $5,365. My future damages may be another $1,500 for medical bills and house cleaning.

I have had considerable pain and suffering as a result of this accident and continue to suffer from neck and back pain. I demand settlement of my claim in the amount of $25,000. Please respond to this demand with an offer to settle within 15 days.