Steps for Writing A Car Insurance Settlement Demand Letter

August 10, 2009

Drafting a demand letter for a car insurance settlement can be a little intimidating. On the one hand, you want to get what you are owed as per the terms of insurance, but then, you don't want to be rude. This sounds absurd, but most people aren't accustomed to demanding their rights in letter form, so they fear they will be tactless. Don't worry, though. You have to be firm yet respectful when you demand a settlement. If you don't think you can do it, hire a lawyer to do it for you. Know, however, that it can be done on your own. Consider this process: 

Step 1: Collect Documentation 

Take time to gather information pertinent to your accident including police reports, medical reports, witness accounts, and any photographs of the accident you may have. The more thorough the documents, the stronger your case will be. 

Step 2: Brief Introduction 

Use the introduction to summarize what happened, who is at fault and what you expect from a settlement. This is an opportunity to generally lay out your argument. 

Step 3: Demonstrate Fault 

With the body of the letter, demonstrate how the other driver was at fault. Include all pertinent facts, such as violated traffic laws or if alcohol was involved. Mention your good driving record, and if you were partially at fault, don't mention that in the letter. 

Step 4: Injuries, Treatments, Costs 

Detail the expense of injuries, treatment and miscellaneous costs. These include medical costs, car repair costs and car rental fees. If there is time and pay lost from missing work, include that as well. 

Step 5: Settlement Demand 

Conclude your letter with the demand for settlement. This is the actual dollar amount, arrived at by totaling all of your costs. Briefly restate your main points, for this is a conclusion paragraph. 

Step 6: Send to the Insurance Company

Once your letter has been drafted, make sure you include the documentation, sign it and either mail it via certified mail or fax it to the insurance company. For a slight additional expense, you can have it so the insurance company must sign for the letter, guaranteeing that they received it. Again, you can always hire an attorney to do this for you, but it is possible to do it for yourself. You will be more knowledgeable for doing it on your own.


Related Questions and Answers

Do You Need to Send a Copy of Your Driving Record for an Insurance Settlement Letter?

No, you do not need to send a copy of a driving record when submitting an insurance settlement letter. You will need to supply copies of the accident report, photos, medical bills and repair bills. If the insurance company wants to have a look at your driving record, they can pull a copy. If your driving record is not great, you do not want to supply them with any ammunition against you. Writing a settlement letter can be done without a lawyer, but if it is a high dollar amount settlement, you may want to engage a legal professional.

Is a Whiplash Insurance Settlement Easiest to Get?

No, a whiplash insurance settlement is not the easiest to get. Each year there are millions of fraudulent claims filed with insurance companies. In many, whiplash will be sited. Insurance companies are aware of this and will require a lot of proof before they approve a whiplash claim. You will need to provide detailed medical records, and the insurance company will probably want you to be examined by one of their doctors. The easiest insurance settlement to get is an authentic one. If you are legitimately injured in a car accident whether it is is whiplash or another injury, you should file a claim. If the insurance company fights you on it, hiring a lawyer is often a good idea.

ShouldYyour Car Accident Insurance Settlement Letter Include Pictures or Bills?

Yes, your insurance settlement letter should include both photos and copies of your bills. You should include a copy of the police report, all of your medical bills, repair bills and any other information that you think is pertinent. Photos of the accident scene, and the damage to your vehicle should also be included. If you suffered injuries, photos of those injuries can also be helpful. The insurance settlement letter is your chance to explain your damages and why you feel the insurance company needs to pay you. In most cases, you can write the settlement letter yourself. Though, if it is a high damage settlement, it may be best to hire a lawyer.

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