Sample Car Accident Demand Letter

A demand letter is a letter you send (in most cases) to the insurance company for the party who's responsible for your personal injuries and other losses. Typically, you begin settlement negotiations—or respond to the insurance company's initial settlement offer—with a demand letter similar to our sample below. The goal is to come to a fair settlement of your claims without having to file a lawsuit in court.

While there's no single "correct" way to write a demand letter, most follow a similar pattern. After a brief introduction, you start with the facts of your case. From there, describe your injuries, the treatment you received, and how they impacted your life. You also need to explain how the other party's fault—usually what the law calls "negligence"—caused the accident and your resulting injuries. Then you describe and summarize your "damages," meaning the compensation you believe you're entitled to for your injuries. After making a demand for the total amount of your damages, you close your letter.

This is a sample settlement demand letter for a car accident claim involving soft tissue injuries. The injured claimant has just over $5,300 in medical bills, $3,500 in lost wages, and some out-of-pocket expenses and losses.

If you were hit by a car as a pedestrian, or while riding a motorcycle, bicycle, or scooter, you can easily modify this sample letter to suit your needs. To get help with your settlement demand letter, contact a car accident lawyer.

We are not your lawyer, and this sample letter is not a replacement for qualified legal advice. If you think you have a personal injury claim, you should consider hiring an experienced personal injury attorney. This is especially true if the facts are complicated, your injuries are serious, or there are difficult legal issues involved. An attorney can guide you through the process and help you to maximize the value of your case.

Sample Car Accident Demand Letter

August 12, 20xx

Mr. Ty Connor
Claims Adjuster
All Risk Insurance Company
4444 Main Street, Ste. 100
Cleveland, OH 44444

RE: Your Insured: Roger Martin
Claimant: Mary Ann Winters
Claim Number: 12345-67
Date of Injury: January 3, 20xx

RE: Your Insured: Roger Martin
Claimant: Mary Ann Winters
Claim Number: 12345-67
Date of Injury: January 3, 20xx

Dear Mr. Connor:

As I told you in my claim notice letter dated February 13, 20xx, I was injured in a collision with your insured, Roger Martin, on January 3, 20xx in Chicago. This letter is my pre-filing settlement demand.

Facts

I was driving my Chevy Caprice west on Pleasant Valley Road at around 8:10 A.M. that morning. My car was in good mechanical condition. Pleasant Valley Road is a residential street with a speed limit of 25 M.P.H. The road was clear and dry. It was a sunny morning. Because I was headed west, the sun wasn’t in my eyes. Children frequently are in the area on their way to school at that time of day, so I never drive over 20 M.P.H. on Pleasant Valley Road. I’m confident I wasn’t going any faster that morning. (This paragraph does several important things. First, it sets the scene for the accident. Second, it takes road conditions and the condition of Winters’ car out of play as contributing factors. Third and finally, Winters describes a habit of always driving under the speed limit on this street, trying to preempt a claim that her speed may have been a cause of the collision.)

Suddenly and without warning, Mr. Martin’s pickup shot out of his driveway at what looked like a high rate of speed. (Don’t go overboard with melodramatic rhetoric, but don’t be afraid to use descriptive terms, either. Saying Martin’s truck “shot out” of the drive at “a high rate of speed” paints a picture of the speed at impact, which helps explain Winters’ injuries.)

I tried to avoid a collision by turning my car to the left and hitting my brakes, but it was too late. Because Mr. Martin’s driveway is almost completely hidden by a tall hedgerow and he was driving so fast, I had no time to react. Mr. Martin’s late model pickup truck slammed broadside into my front passenger door. (Winters mentions that she took evasive action to try and avoid the wreck, again preempting a claim that she was at fault for the accident. She also sets up a claim that Martin was negligent for having a hedgerow that blocked his ability to see oncoming traffic. Finally, Martin’s truck didn’t just “hit” Winters’ car—it “slammed broadside into” it.)

The sound was deafening, and the force of the impact pushed my car across the street into the opposite curb. Despite being buckled in and trying to brace myself, I remember my head and neck being thrown to the right when Mr. Martin’s truck hit. A split second later I was slammed violently into the driver’s door and window when my car hit the curb. The left side of my head and face bounced off the window with incredible force. (Winters describes the impact in vivid terms and details how her head and neck jerked back and forth before hitting the window. It’s especially important to describe both the force of the impact and the mechanism of injury in a soft tissue injury case.)

I don’t think I was knocked out, but the collision and the impact of my head against the window left me dazed and disoriented. The next thing I remember was Mr. Martin looking in through my shattered passenger window and shouting, “Are you OK? Are you OK?” The pain in my head and neck felt like I was being stabbed with a knife. (Pain and suffering and emotional distress are injuries and you’re entitled to be fairly compensated for them, along with your medical bills and other losses. Be sure to describe the pain you felt, both physical and emotional.)

At some point, people began to appear around my car. A woman who said she was a nurse told me to stay still and asked me my name and if I knew where I was. She felt my pulse and looked at my eyes. I began to panic because I was afraid I was badly hurt; the nurse said, “You’ll be fine, just try to breathe.” (Here again, Winters describes her emotional distress.)

When the ambulance arrived I asked for something to take away the pain. They said they couldn’t give me anything until I was at the hospital. The trip to Riverview Hospital seemed to take forever.

(If your case involves a different mechanism of injury—auto on pedestrian, or auto on motorcycle, for example—this section is where you'll describe those facts. You want your factual narrative to be compelling and convincing, but don't go overboard. Avoid exaggeration or embellishment. Remember: The other side can (and likely will) ask for proof of the facts you include in your demand. If you make factual claims here you can't back up, you'll find it hard to regain your lost credibility.)

My Injuries and Medical Treatment

At the hospital, the emergency room doctor ordered a CAT scan of my head and neck. Nothing was broken or dislocated. According to my hospital record, which I’ve attached, I suffered a “moderate contusion, left anterior temporal/parietal region with swelling, no loss of consciousness” and “moderate cervical sprain C3-C5 with pain and limited range of motion.” (Use the descriptions from your medical records to explain your injuries. The insurance adjuster who reads your demand letter will be familiar with medical terminology, and a medically accurate description conveys much more information than simply saying “I bruised the side of my head and sprained my neck.” If you need help with medical terms, a medical information site like the National Library of Medicine's Medline Plus can help.) The doctor ordered me to wear a cervical collar, prescribed pain and anti-inflammatory medications, told me to remain off of work for five days, and said I should follow up with my family doctor as needed.

For the next three days, the pain in my neck and head was excruciating. I was unable to sleep with the cervical collar on. But if I took it off, the pain caused by even the slightest movement made me nearly pass out. Simple things like getting dressed in the morning or taking out the trash were exhausting. I started to wonder if I’d ever feel normal again. (Be sure to describe not just your pain, but how it impacts your ability to engage in life activities like bathing and personal care, meal preparation, eating, working, household chores, and sleeping.)

I called my family doctor, Camilla Petterson, D.O., who saw me on the fourth day after the wreck. Dr. Petterson prescribed more powerful pain and anti-inflammatory medicines and ordered me to physical therapy for two weeks. She also told me to stay off work while I was doing the physical therapy.

The first week of physical therapy was almost unbearable. The pain was so bad that I cried when the therapist moved my neck. After each session, I was physically drained to the point that I couldn’t drive myself home. A neighbor was kind enough to take me to the three-times-weekly appointments.

After a week-and-a-half of therapy, I began to see gradual improvement. I could sleep for a few hours at a time without repeatedly waking up in the middle of the night. Daily activities became more tolerable. I stopped wearing the cervical collar, with Dr. Petterson’s approval, around two weeks after the collision. (Winters is careful to note that she stopped using a prescribed medical device only with her doctor’s okay. Discontinuing treatment without medical approval might prompt the insurance adjuster to argue that you weren’t injured at all, or not as bad as you claimed.)

I saw Dr. Petterson again after completing the two weeks of therapy. She was pleased with my progress but wanted me to do another two-week course of therapy and continue staying home from work. I work as an actress with a local theater group, which requires a lot of physical movement, including occasional stunt-type work. Dr. Petterson was concerned that working might worsen my condition.

Reluctantly, I agreed with Dr. Petterson’s recommendation. I was running short on money and had to borrow from my sister to pay rent and other bills. (Winters describes the financial burden her injury caused. That she was willing to take on this burden is proof that her injury was serious and she was committed to making as complete a recovery as possible.) The first two weeks of therapy had helped and I was hopeful that two more weeks of treatment would make me feel even better.

After the additional two weeks of physical therapy, Dr. Petterson released me from care and cleared me to return to work. I was still in some pain, but I needed to make money to pay my bills and repay my sister. Dr. Petterson said that I might experience occasional flare-ups in my neck and that I should take ibuprofen and rest as needed. (If the doctor has told you that your condition might cause future problems, be sure you mention that in your demand letter. In addition, check to see if there’s any mention of future medical issues in your medical records. If so, highlight those entries in your demand letter, too.)

Working does cause neck pain and discomfort most days. I take ibuprofen several times a week as Dr. Petterson ordered, but I find it frequently upsets my stomach. When that happens I switch to Tylenol or I just live with the pain. (Winters mentions ongoing issues with pain and ties it to her work. That she is willing to endure the pain in order to make a living shows that she’s not faking her injuries or just looking to cash in on her injury.)

As you know, the collision happened in the winter. Before the wreck, I was an avid skier. As a result of my injuries, I missed the remainder of the ski season. I had a February, 20xx ski vacation planned in Colorado. I had to cancel this special event because of my injury. I bought nonrefundable airfare at a cost of $1,000, which of course I lost when I was forced to cancel the trip.

Skiing was my primary form of recreation and winter exercise. At this point, I don’t know that I’ll ever be able to ski again. I’m scared of taking a fall that might re-injure my neck or, worse yet, hurt it even worse. I’m not sure how I’ll replace this loss of such an important part of my life. (Winters’ financial loss on the ski trip is part of her damages. So is the “intangible” loss of skiing as a form of fitness and recreation. In legal terms, it’s called “loss of enjoyment of life.” If you’ve suffered similar losses, be sure to mention them in your demand letter.)

Finally, before the collision, I took care of all exterior maintenance at my home, including lawn care in the summer and snow removal in the winter. I had to pay a snow removal company $300 to plow my drive and clear my front walk for the remainder of the winter season. I was able to handle the lawn care myself this summer, though it frequently leaves me stiff and in pain. (Incidental costs like these are also damages that you can recover. If, like Winters, taking care of daily activities aggravates your injury, mention it in your demand letter.)

Your Insured’s Negligence

Mr. Martin’s negligence is clear. (To recover for your injuries, you must show that the other driver was at fault. This means proving negligence—that the other driver had a duty to drive carefully but violated that duty by driving carelessly.) For starters, he bolted from his driveway at what was clearly an excessive speed under the circumstances.

In addition, Mr. Martin was careless to dart out of his driveway when he couldn’t see where he was going. His view of the street was obscured by the morning sun and the hedgerow that he negligently allowed to grow to a height of about five feet. (In your demand letter, try to include everything you can think of that proves the other party’s negligence.)

Finally, I’ve attached a copy of the police report. Nowhere in that report is there any evidence that Mr. Martin made an effort to avoid the collision. There were no visible marks on the road suggesting that Mr. Martin hit the brakes, nor anything to indicate that Mr. Martin took or even tried to take evasive action.

In short, I’m not sure what Mr. Martin was doing in the moments leading up to the crash. But it’s clear what he wasn’t doing: Driving safely under the circumstances, or watching carefully for oncoming traffic. (If you were a pedestrian, or riding a bicycle, motorcycle, or scooter, you can easily modify this sentence to suit your facts.) Your insured is 100% at fault for this collision.

My Economic Damages

(Before you start writing the remaining parts of your demand letter, find out about personal injury lawsuit damages. You should also spend some time learning about how to get fair compensation for soft tissue and neck injuries (sometimes called “whiplash” injuries). In a soft tissue injury case, damages for pain and suffering, emotional distress, and other intangible losses are likely to be among the most significant parts of a settlement. See how these damages are calculated. You might want to use our personal injury damages calculator to get started.)

I’ve attached copies of my medical records and bills. You’ll also find a letter from my employer, Allstar Theater Group, LLC, proving that I lost 5 weeks of wages at $700 per week for a total of $3,500. Finally, I’ve attached a credit card statement showing the charge for my nonrefundable plane ticket to Colorado ($1,000), as well as the bill from Snow Removal, Inc., to document the amount I paid for snow removal ($300). Here’s a summary of my medical bills.

My medical expenses total $5,303. For ease of computation, I’ll round that down to $5,300. Adding this figure to the rest of my economic damages (above) brings my total economic damages to $10,100.

My Noneconomic Damages

I’m entitled to fair compensation for my pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. Given Mr. Martin’s undeniable negligence—reckless disregard for the safety of others is a more accurate description—I’m confident that a jury will be shocked and outraged by his misconduct.

Under the circumstances, I’d be comfortable asking a jury to award me five or six times my medical expenses to compensate me for my noneconomic damages. In the spirit of compromise, though, I’m willing to accept four times my medical expenses, or $21,200, for these losses. I’m confident that a jury would award me substantially more. (In fact, valuing noneconomic damages at four times medical expenses in a case with only minor soft tissue injuries is a reach. A case like this will probably land in the range of two, maybe three, as a multiplier. But Winters is right to start with a multiplier of four. The demand letter is the opening move in a settlement negotiation. It makes sense for Winters to start high so she has room to negotiate downward.)

Total Damages and Settlement Demand

The total of my economic ($10,100) and noneconomic ($21,200) damages comes to $31,300. I demand payment of that amount to settle my claims against Mr. Martin. If we’re not able to reach a settlement and I must take my case to court, I’ll ask a jury to award me much more.

This letter is an attempt to settle my claims against Mr. Martin. Evidence of this settlement demand will not be admissible at any trial of this case.

Please let me hear from you within 30 days from the date of this letter.

Sincerely,

/s/

Mary Ann Winters

Need More Help?

If you have questions or would like some help writing an effective demand letter, you should think about hiring a personal injury attorney to help you settle your case.