If your vehicle has been damaged in a car accident that was someone else’s fault, you should send a demand letter to the at-fault party’s insurance company to try to settle your claim before you file a civil lawsuit.
How To Put Together a Demand Letter for Car Accident Damages
A demand letter is your best chance to make your car accident case in terms of liability (legal responsibility) and losses (damages). A well-crafted demand letter in a car accident case should:
- explain why the other side was at fault for the car accident
- detail your accident-related losses, and
- make a demand for a specific amount of money to settle your claim.
Supporting Documents To Include With a Demand Letter
You should back up your version of events and settlement demand with supporting documents. Supporting documents in a vehicle damage claim might include:
- police reports
- photos of the scene of the accident
- photos of your car
- a copy of the relevant traffic laws
- car repairs estimates, and
- an appraisal of your car’s actual cash value if your car is a total loss.
Be sure to keep the original documents and only attach copies to your demand.
Sample Demand Letter: Claim for Property Damage After a Car Accident
When you send a demand letter that includes evidence that supports your side of the story and your description of your losses, you can expect an insurance adjuster to take it seriously and respond to your demand.
Use this sample demand letter as a guide when drafting your own letter to the at-fault driver's insurance company.
September 10, 20xx
Dear [Name of the Insurance Adjuster]:
My car was severely damaged on June 22, 20xx. Your insured, Leslie Jones, broadsided me as she was pulling out of her driveway.
I was driving on Delbrook Lane at the time of the crash. Delbrook is a residential street. I was driving well at or below the speed limit of 25 MPH speed limit when Ms. Jones slammed into me, seemingly out of nowhere.
Ms. Jones was pulling onto Delbrook Lane from her driveway. I didn’t see her because her driveway is entirely lined by trees and she obviously didn’t see me. She might have been distracted or she might not have been able to see if it was safe to enter Delbrook through the trees lining her driveway. I’ve attached photos of her driveway and the trees to this letter.
The trees lining the driveway, which the insured is responsible for maintaining as the property owner, limit visibility. Anyone going down the driveway has to take extra precautions to make sure that no cars are coming on Delbrook.
Your insured was neither careful nor cautious when she broadsided me. I don’t know how fast she was going when she was coming down her driveway, but she pulled into the street pretty fast. I never saw her car stop at any point at the end of her driveway. She simply pulled straight into the street without stopping, and her vehicle plowed right into mine.
Ms. Jones was obviously negligent and completely at fault for this collision. (Learn more about negligence and fault for a car accident.)
The collision caused parts of my car's front and back passenger side doors to cave in. The windows and the window-raising mechanisms for both doors were damaged. And the wiring inside the doors got damaged as well. Basically, the accident "totaled" my doors. (Learn more about "total loss" declarations.)
I took my car to a body shop that I have trusted for many years, and the shop gave me an estimate of $4,700 to repair all of the damage. I’ve attached a copy of the detailed estimate that itemizes each part and labor cost.
You refused to pay for the repairs at my preferred body shop and insisted that I bring my vehicle to your appraiser, which I did. He said that the damage could be repaired for $2,100, and recommended another body shop that would do the work for that price. I checked out that body shop online and found dozens of negative reviews, plus credible-sounding reports of bad customer experiences. I wouldn’t bring a damaged tire to that shop, much less my entire car.
I had my car fixed at my garage for $4,700, which I paid out of pocket. I now demand that you pay that bill in its entirety. That bill is fair and reasonable, and my mechanic is willing to come to court to testify as an expert witness that the bill was fair and reasonable, and that the work was necessary. He also has a copy of your body shop’s proposal, and he is prepared to testify that the work described in that proposal would never have properly repaired my car.
Please let me know within fourteen days if you are willing to reimburse me for every cent of the $4,700 that I paid to repair my car. If you fail to respond or continue to deny my claim, I'm ready to file a lawsuit against Ms. Jones.
Respectfully,
[Your Name]
What To Do After Sending a Demand Letter
Waiting for an insurance company to respond to your demand letter is tough. In most cases, you’ll get a response within a few weeks and you’ll negotiate a settlement from there. Insurance companies have a financial motive to settle cases as efficiently as possible.
If you don’t get a response to your demand letter, explore your legal options. You can ask to speak to the adjuster’s supervisor or file a complaint with the state department of insurance.
If all else fails, you can file a lawsuit. Don’t delay. Each state has a deadline for filing a car accident lawsuit (called the “statute of limitations”). In many states, different deadlines apply to personal injury lawsuits and lawsuits over vehicle damage. If you miss the statute of limitations deadline, your case will likely be dismissed, and won’t be able to get compensation for your losses in court.
Need Help With the Demand Letter Process? Talk to a Lawyer
Talk to a lawyer if you would like help writing a demand letter. An attorney can answer your questions, draft a professional demand letter, and negotiate your claim with the insurance company.
Most car accident attorneys work on a contingency fee, so you probably won’t have to pay your lawyer unless you win your case. Learn more about how an attorney can help with your car accident claim. You can also connect with a lawyer directly from this page for free.