What Is a Demand Letter In Car Accident Injury Claims?

After you’ve been injured in a car accident that wasn’t your fault, you may have the right to file a civil suit against the person responsible.

The personal injury attorney who takes your case will gather all the evidence in your favor, and then will reach out to the representative of the insurance company that provides liability coverage to person who caused the accident.

Typically, the first contact will be in the form of what is known as a ‘demand letter,’ which details exactly what you are looking for in terms of compensation for your injuries.

What Details Are Included In a Demand Letter For Car Accident Injury Claims?

A demand letter is the first step in trying to get the other side’s insurance company to compensate you without having to go to court.

Demand letters commonly include:

  • Official Police Report of the Accident– This often includes photos and videos that were taken at the accident scene.
  • Description of the Incident
  • Explanation of How Other Person Caused Accident
  • Explanation of Victim’s Injuries
  • List of Medical Expenses– This often includes medical bills
  • Proof of Lost Wages – This usually requires a letter from an employer or contractor that details days missed and pay lost.
  • Other Losses – This is usually known as the ‘pain and suffering’ portion of the letter in which your lawyer details the changes in your daily life caused by the accident. For example, some car accident victims may develop symptoms of Post Traumatic Stress Disorder (PTSD), which can create anxiety and distress.
  • Settlement Demand – This usually comes at the end, because it is the amount of money that your lawyer is ‘demanding’ for all the losses and expenses you have suffered due to the car accident.

What Happens After Your Lawyer Sends a Demand Letter?

Sending a demand letter doesn’t mean that the other person’s insurance company will agree to things that your lawyer has asked for, and in fact, in most claims, this is just the beginning of the process.

The insurance company representative will likely come back with a counteroffer, or dispute some of the details included in the demand letter, and that usually leads to back-and-forth negotiations to avoid a jury trial.

Car Accidents Are Not Always Simple Claims

Some victims of car accidents believe that their cases will be easy to resolve, but even in claims in which fault is obvious, the other party’s insurance company may not want its client to take responsibility for the accident. That’s why a strong demand letter is just the beginning in formulating a winning strategy for your claim. The team of Fetterman & Associates, P.A. has the experience to help you get everything you deserve after you suffer injuries in a car accident. Please call us today at (561) 561-845-2510 to schedule a free consultation.

Additional reading

3 Things You Should NOT Do After an Auto Accident

Do You Need a Car Accident Attorney?

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