Below is an example of a demand letter that might be sent to kick off settlement negotiations in a car accident claim. The victim in this case (the sender of the demand letter) suffered significant injuries and underwent extensive physical therapy, plus missed five days of work.
Check out this overview page on writing a car accident demand letter to learn more about how they are used during the car accident claim negotiation.
This sample letter is not a replacement for qualified legal advice - it is for instructional purposes only. Always talk to a lawyer before making any written statements following an accident.
Example Demand Letter
812 Octavia Street, Apt. #4
Chicago, IL 00000
June 30, 20xx
High Life Insurance Company
1000 Throughway Boulevard
Chicago, IL 00000
Re: Your Insured, Anthony Stacatto
Claimant: Mary Graham
Claim No.: 93-8822 TX
Date of Loss: January 13, 20xx
Dear Mr. Salinas:
As you are aware, I was injured in an automobile accident with your insured Anthony Stacatto on January 13, 20xx at the intersection of 12th Street and Loop Lane, Chicago. I was traveling east on Loop Lane, and as I entered the intersection with 12th Street, your insured came through a stop sign on 12th Street and smashed into my car just behind the driver’s seat, barely missing a direct hit on me. [NOTE: Even though a direct hit on Mary did not occur, the near miss increases the sense of emotional trauma Mary suffered.] The power of the collision spun my car all the way around and left it facing west almost all the way to the curb. [NOTE: The power of the impact shows how fast the other driver was going, which supports both how negligent he was and how seriously Mary is injured.] I have enclosed the police report, which states that I had the right of way, and a diagram that shows where your insured struck my car and the final resting place of the car. The enclosed photograph showing the severe damage to my car indicates how strong the collision was.
In addition to failing to yield the right of way, your insured did not even slow down, let alone stop, at the stop sign. This was apparently due to the fact that your insured was talking on a cell phone. A witness to the accident reported this fact. As you know, if this matter ultimately becomes a lawsuit, I will have access to your insured’s cell phone records. As you may be aware, the use of a cell phone while driving quadruples the risk of an accident, making it as dangerous as driving while drunk. (See the study by the University of Toronto in the February 13, 1997, New England Journal of Medicine.) This selfish and dangerous conduct by your insured led directly to this serious accident. [NOTE: Emphasizes how bad the other driver would look to a jury if the case ever went to court.]
I was badly battered by the collision and was taken by ambulance to the emergency room of Providence Hospital. Immediately after the accident, I had severe pain and stiffness in my back and a headache that was rapidly getting worse. After X-rays, I was released and advised to see my private physician. During the night, my headache became more severe and I was unable to move my back. First thing in the morning I was taken to my personal physician, Ann Lindley, M.D., who referred me to an orthopedist, Martin Chuzzlewit, M.D. Dr.â