If you've been injured, you can send a demand letter to the at-fault driver's insurance company to begin the negotiation process for compensation. This is a basic guide for what to include in the demand letter, although with cases where liability is an issue or there are major injuries, contacting a personal injury attorney to create a demand for you may be more successful.
Stick with Hard Facts
Although you may FEEL that the driver was negligent and that you are owed a lot of money, you should focus on facts for which there is supporting evidence.
1. Why the other person is LEGALLY responsible for your injuries (for example, broke traffic law to run a red light)
2. What injuries you received and how your treatment is progressing (supported by medical records)
3. The kind of treatment you received and how much it cost (supported by medical bills)
4. The income you lost (supported by payroll statements, previous tax forms, etc.)
5. Any other damages suffered
6. If making a UIM claim, why you qualify to make this claim (i.e. the other person had no insurance, or the insurance didn't adequately cover the medical expenses, etc.)
What to Include in the Demand:
1. Liability: Describe the accident, how it happened, and why the other person caused it. Provide witness statements or documentation (like a police report) if you have them.
2. Comparative negligence: Even if you believe you may have been partly to blame, do not mention it. Let the insurance company bring it up later, if at all, and deal with it then.
3. Injuries and Treatment: Describe what injuries you received, the treatment you received, and then how these injuries have affected your everyday life, with specific examples.
4. Medical expenses: Feel free to include a chart with all the medical providers and how much they billed you, even if your health insurance has already paid these bills.
5. Lost income: Explain how much time off you had to take, or how much the injuries affected your ability to earn money.
