Writing a Demand Letter to an Adjuster to Settle your Claim

You’re not a great writer?  You don’t have to be.  Writing a demand letter to an insurance adjuster to settle your auto insurance claim is easy.  All you need to do is set out the necessary information to support the amount of money you believe you are entitled to.  That is, include:

• the facts of the accident
• a statement about fault
• what your injuries were (provide medical reports)
• how and when you were treated and by whom
• how much it cost (provide copies of bills)
• a statement about the pain you’ve suffered
• what the dr. says is your prognosis for recovery (should be included in medical reports)
• any future medical treatment you will need (also should be included in medical reports)
• if you lost time from work
• how much your lost wages were (provide a letter from your employer)
• what other expenses you incurred as a result of the accident (provide copies of receipts)

Follow the sample demand letter below and you should do just fine.  Note that “special damages” refers to all of the quantifiable expenses you have had, such as medical bills, lost wages, transportation costs, etc.  If you add up all the special damages, you’ll see there is a big difference between the amount of the demand ($25,000) and the special damages ($6500 plus $1500 future).  The difference is for “general damages”.  General damages compensate the claimant for the non-monetary aspects of the harm suffered. This usually includes pain and suffering and loss of amenity. Examples would be physical or emotional pain and suffering, loss of companionship, loss of consortium (loss of the benefits of a family relationship), disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc. General damages are not easily quantifiable, and greatly depend on one’s individual circumstances.

SAMPLE DEMAND LETTER
Dear Ms. Smith,
On November 4, 2008, my 2006 Volkswagen Passat was struck by your insured, Josh McDonald’s 2001 Honda Accord, at the corner of Post and Crown Streets in Bakersville when Mr. McDonald ran a stop sign.  His car’s front bumper hit my passenger side door and right fender causing $2,950 in damage to my car, paid by your company last month.  I was wearing my seatbelt.  The police sited Mr. McDonald for running the stop sign and said he caused the accident. 

I was taken by ambulance to Bakersville City Hospital’s emergency room where I had x-rays and was seen by a doctor.  I suffered severe bruises to my left side, my left shoulder and knee. In addition, I had and still have pain in my neck and back.  I was released from the hospital with instructions to stay home and in bed for a week, use ice on and off, wear a neck brace, and take Codeine for pain and Soma to relax my muscles.

I stayed home from my job as a nurse for two weeks.  I followed up with my family physician, Dr. George Wood.  My bruises were healing, and he referred me to physical therapy for my neck and back.  I saw Dave Andrews, RPT, for 6 weeks, twice a week, and then for 4 more weeks, once a week.  I am still doing the physical therapy exercises prescribed at home.  I’ve gone back to see Dr. Wood twice and have another appointment with him next week. I still have quite a bit of pain in my neck and back.

My medical bills totaled $2800 as follows (Copies of bills attached):
Ambulance: $650
Hospital E.R, x-rays, exam, neck brace: $490
Dr. Wood:  $225
Dave Andrews, RPT: $1216
Prescriptions: Soma, Codeine: $219
I have lost wages in the amount of  $2000. (Documentation attached.)

As a result of the accident, I had to cancel reservations for a trip.  The nonrefundable fee was $350. (Receipt attached.)
As a result of being hit by Mr. McDonald’s car, I couldn’t take my kids to school and home for two weeks.  I hired a taxi to take them and pick them up and that was $150 (Receipt attached.)  I also had to hire a housekeeper to take care of the house and I will continue to need her as long as I have pain in my neck and back.  So far, this has cost me $1200. (Cancelled checks attached).

My special damages come to $6500.  My future damages may be another $1500 for medical bills and house cleaning. 
I have had considerable pain and suffering as a result of this accident and continue to suffer from neck and back pain.  Including general damages, I demand settlement of my claim in the amount of $25,000.  Please respond to this demand with an offer to settle within 15 days.

Thank you.

Very truly yours,