After most kinds of accidents, if you're thinking about making a personal injury claim, it's a good idea to send a claim notification letter to the person or business you think is at fault for what happened. In many cases, you'll also send a notification to the insurance company of the at-fault party.
Once you've figured out every person or entity that might be responsible for your accident, your next step is to notify each of them:
This may mean you send more than one letter.
For example, let's say you slip and fall in a store. You'd probably send one letter each to:
After a car accident, you'd notify the other driver's car insurance company. You'd also notify your own insurance company if you believe you might file a claim under your own medical payments, collision, or uninsured motorist coverage. If you're injured in a car accident in a no-fault car insurance state, you must file a notice of claim with your own insurance company immediately.
Write a letter of notification even if the others involved in your accident have assured you they'll notify their insurance companies. If you know the other party’s insurance company, send a copy of your notification letter to that company’s claims department (including the other party’s policy number, if you know it).
Your notification should be a simple letter giving only basic information and asking for a written response. It shouldn't discuss fault, responsibility, or the extent of your injuries; you will discuss those things later on in your injury demand letter. The initial notification letter should:
Include the date on every letter, and make sure you have a copy for your own files before sending it.
There's no need to send your initial notification letter by certified or registered mail. But if you receive no response from the other party or its insurance company within two weeks of sending your notification letter, you should repeat the process, this time requesting a return receipt from the post office.
Yes. It's usually fine to send an injury claim notification letter by email, although putting a hard copy in the mail is probably a better option.
If you do send your letter by email, it's best to write it using a word processing program (like Microsoft Word or Google Docs). Then, save the letter as a PDF or other similar file type, and attach that file to a brief email that you send to the insurance company or other recipient. This way, they'll open a clean, non-editable digital version of your letter. Never write the letter in the body of the email. Instead, include only a brief, professional message ("Please see the attached injury claim notification letter" or something similar) referring them to the letter.
Notification of your injury claim is only the first step in the process. From here, if you're dealing with an insurance company, you'll need to actually file the claim. The insurer will be able to explain the specifics of doing this. After that, it's a matter of establishing who was at fault for the accident, documenting your injuries and other losses ("damages"), and negotiating a fair injury settlement.
In some situations, especially where there's no insurance that covers the accident, you'll be dealing directly with the at-fault person. You might try to reach an informal injury settlement with them, or you might need to take the matter to court.
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