An effective demand letter can resolve a car accident case and help you settle your case efficiently, rather than waiting for trial. It can mean receiving the amount you deserve, instead of an offer that is too low.
From our experienced Houston car accident lawyers at Haun Mena, here are tips for writing an effective car accident demand letter.
What Is a Car Accident Demand Letter and Why Does It Matter
A car accident demand letter is a concise summary of a car accident claim, stating the compensation amount the party will accept to resolve the claim.
Who receives a car accident demand letter?
A car accident demand letter is sent to the party that you want to pay compensation to. Usually, that’s the insurance company. A car accident demand letter may also be sent to another party with liability, such as a trucking company, vehicle manufacturer, or someone who is directly liable for the compensation.
Gather All Relevant Evidence Before You Write
To be effective, a demand letter must state the important information. Gathering this evidence before you write can help you stay organized.
Gather the following:
- Your claim number
- Contact information, including your phone, email, and physical mailing address
- Car accident report
- Date and location of the accident
- At-fault party’s insurance information
- Names of witnesses
- Medical bills
- Property damage, vehicle estimates
- Documentation of other losses
- Income statements and work attendance records if you are claiming lost income
- Information about your pain and suffering and other intangible losses
A demand letter for a car accident should state your name and identify the claim number. This allows the claims adjuster to easily locate your case for processing.
You’ll use the information you gather to write your letter. A demand letter shouldn’t be a compilation of records. Instead, the letter must explain and summarize the information. This summary makes it easy for the claims adjuster to agree with you and make a settlement offer.
Explain the Accident Clearly
A demand letter explains the accident and injuries, what happened, and when and where the accident occurred. It identifies what makes the insured party at fault.
The letter should summarize the facts of the accident. An example of an effective summary: “The insured party came to the intersection.
Even though they had a stop sign and should have yielded to traffic in the intersection, they did not stop. They proceeded into the intersection at approximately 30 miles per hour, striking the victim’s vehicle.” You can reference the police report to support your summary.
Summarize Your Injuries
State that you were injured and/or have property damage because of the accident. If injured, state that you received medical attention.
Identify injuries in detail, but don’t provide too much information. Give dates of treatment. Explain the general nature of the treatment, including surgery, testing and imaging, physical therapy, and medical supplies.
Attach medical documentation to verify the extent of injury.
The severity of injury and cost of treatment are often the starting point for determining car accident compensation. That means it’s important to thoroughly explain injuries and medical care in your car accident demand letter.
Calculate and Justify Your Settlement Amount
A demand letter asks the recipient to pay a certain amount. You need to know how much to ask for and should claim both economic and non-economic losses.
Determining how much to ask for in a demand letter is a matter of strategy. Asking for more than you may be willing to settle for can be an effective strategy to receive the correct amount. But you don’t want to ask for too much, or your letter won’t come across as credible.
Your demand letter should state how much you want the other party to pay. It should justify the settlement amount by calculating medical bills, lost income, property loss, and non-economic damages.
Keep It Professional and Persuasive
A demand letter should be professional and persuasive. Avoid getting emotional, with an angry or worried tone. Using second person (referring to the other party as “you”) is okay as long as your letter has an overall professional tone.
Remember that professional doesn’t necessarily mean using big words. You don’t need to use legal jargon like “whereas” or “heretofore.” The purpose of your letter is to communicate clearly.
Professional writing is succinct, professional, and persuasive.
An Example of a Car Accident Demand Letter
A car accident demand letter example can provide a starting point to create your letter. But remember, to be effective, a demand letter must be tailored to your situation.
Write the Right Length
A demand letter needs to be the right length. It needs to have enough information to be persuasive and thoroughly summarize the case. It also needs to be short enough that you don’t lose the reader’s attention or confuse them.
Don’t Give Away Strategy
It’s important not to give away your legal strategy in a demand letter. State the facts without giving away your arguments on contested issues. It’s usually best not to include every piece of evidence in a demand letter. Be strategic.
Put in a Deadline
A demand letter should give a deadline for the other party to respond. Typical deadlines include 10, 14, or 30 days, depending on the complexity of the case. The letter may also state that failing to settle the case will result in legal action, including incurring legal fees and additional time to resolve the case.
Type Your Letter
A demand letter should always be typed. It’s best to send it by physical mail with tracking.
Proofread Your Letter
Always proofread a demand letter. Look for typos. Double-check each statement of fact. Verify the address you’re sending the letter to. Close the letter with a phrase like “Sincerely,” “Respectfully,” or “Regards.” Sign your letter.
Contact an Experienced Houston Car Accident Lawyer
If you have been in a car accident, we urge you to contact our experienced attorneys at Haun Mena. Talk to our experienced Houston car accident lawyer to receive help with your demand letter and your compensation case.
