Writing a Demand Letter for Personal Injury Claims

Insurance is such a significant part in every person’s life that in some states, failure to acquire certain types of insurance is a violation of the law. Acquiring insurance is only reasonable; after all, it serves as “support” to people who are in danger of experiencing financial woes due to an unfortunate accident.

Sometimes though, a person may find it difficult to receive reimbursement from insurance companies. One step that some people may have a hard time with is writing a demand letter for the insurance claim. Demand letters are important because it provide details about the accident that will be used to determine whether the demanded amount of the policy holder for compensation is reasonable.

Demand letters should answer some questions about the incident, which may include:

• What were the injuries acquired?

• What makes the other party involved legally responsible for the injuries?

• What medical treatment/s was done and how much did it cost?

• How much was the income loss?

• What other damages were suffered?

• In case of a car accident, why is the injured qualified to make a claim against someone else under no-fault automobile insurance?

Aside from these questions, policy holders should also take note of these details that need to be emphasized.

• Liability: Do not admit fault, instead explain why the other party is the one at fault. Explain your side of the story of how the accident came about, but support it with more facts and theories from other sources like police report or witnesses’ statements.

• Comparative Negligence: Even the injured party may be slightly at fault for the accident but do not admit it on the letter. Instead, consider it once you’re determining the amount for settlement.

• Injuries and treatment: Describe every injury acquired including permanent ones: the pain felt, length and difficulty of recovery, negative effects it had on daily life, and the symptoms. However, do not make things up. Insurance companies will know if one is exaggerating. Also, use medically-appropriate terms if possible.

• Expenses, losses, and settlement demand: After explaining the expenses and losses incurred due to the injury and accident, indicate the demanded total amount of compensation for it. Make it 75 to 100 per cent higher than the expected amount. The insurance adjuster will negotiate and try to offer a lower amount anyway.

For people who are still unsure on how a proper demand letter should be written, find a Los Angeles personal injury lawyer and get his help in drafting the letter.


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