How to Write a Winning Demand Letter

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Your demand letter is central to your insurance claim, and the negotiation process. In your letter, you should set out your most important arguments regarding:

What your injuries were, and if you are still suffering from them
Why someone else is legally responsible for your injuries
What medical treatment you had and are still having
How much your medical treatment has cost
How much your medical treatment is still costing
How much income you have lost
Any other damages that you suffered
and (If applicable) why you qualify to make a claim against another person under no-fault automobile insurance.

You should close your letter with a demand to the insurance company in question, asking for a lump sum that will result in the settlement of your claim.

What you need to Highlight in your Letter

Before you start writing your demand letter, you may want to review any notes that you have made in the days and weeks after your accident. This will help you to remember any significant details such as how much pain and discomfort you’re in, what medical treatment you have had, and how your life has been disrupted or inconvenienced by your accident.

Liability

As you start to write your letter begins to describe how the accident occurred, and why another person was at fault. Describe where you were when you had the accident, what you were doing just before the accident, and how it occurred.
It’s also important that you mention any support that you have about your theory as to who is to blame. Support from eyewitnesses and their statements, a police report, and a building code section are worth mentioning here.

Comparative Negligence

In some circumstances, there will be a question as to whether you were careless, and if your carelessness contributed to the accident. This may be the case even if another individual is wholly to blame. It would be wise to highlight this potential issue in your letter, by denying that you were at any fault.

If you believe that you may have been partly at fault, it is essential that you do not admit any fault in the letter. You should, however, consider your carelessness when deciding what a fair settlement would be. Please note that it is not up to you to argue about comparative negligence with the insurance company. If an insurance adjuster starts to argue about comparative negligence, you should feel free to discuss this issue with them then.

Your Injuries

In your letter you will need to go into detail about your injuries, explaining:

How much pain you are in
How long you have been recovering from your accident
How difficult the recovery is or was
The negative effects that the injuries have had on your day-to-day life
Any permanent or long-term injuries you are suffering from, particularly those which are disfiguring or disabling, and those which have left you with permanent scarring, pain/soreness, or stiffness.

If you can, use as many medical terms as possible, for instance, you could say you have an “Oblique fracture”, rather than saying you simply have a fracture.

Please note that it is vital that you do not lie or exaggerate about your injuries if the insurance company assumes that your claim is a false one they may turn a blind eye to it.

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