When a careless driver barrels over the yellow line, rams your vehicle, and injures you, insurance companies should be first to offer help. Unfortunately, that’s rarely the case.
Car accident adjusters instead do everything possible to try to avoid having to help you repair your car and pay emergency room bills. If you have a lawyer, your representative works to force an insurer to do the right thing and pay you the maximum in compensation possible.
But in cases involving only property damage or only minor injuries, you may be able to demand fair treatment yourself. A strongly worded, but polite letter demanding support can sometimes encourage an auto insurance company (even your own insurer) to stop delaying and provide the assistance you need to recover.
Writing a Demand Letter After a Car Accident
Insurance adjusters get paid to find ways to limit the amount of support you receive for your accident. That’s true if you are dealing with an at-fault driver’s insurer or your own car insurance provider. If they can shift blame to you, despite what a California Highway Patrol accident report says, they may get away with offering you no support at all.
Adjusters also like to delay responding to your claim, simply waiting until you get desperate. Once you have hospital bills piling up and have missed several paychecks at work, they hope you’ll be desperate enough to accept a “lowball” offer.
In these and other situations, it’s critical to either speak to a lawyer or to contact the insurance company through a phone call or a letter. If phone calls aren’t bringing about change, a letter may be more helpful. A letter creates physical evidence that there was a problem and that the insurance company was made aware. It’s also best to try to reach a fair settlement with an insurance company before considering filing a lawsuit that could lead to an expensive trial and an even longer wait for support.
Here are a few Do’s and Don’ts when writing a letter to a car insurance company.
- Don’t make your letter too long. Keep it as short as possible, while still documenting the facts
- Do point out specific and unique details of your case
- Do your best to show who was at fault in the accident
- Do your best to show how much your car damage and injuries have cost
- Don’t ask for a certain amount
- Make it clear that you won’t settle unless your needs are met
- Don’t make threats
Intro to Your Car Accident Insurance Demand Letter
You’ll want to address your letter to the insurance company, and hopefully, to the specific insurance adjuster you’ve been working with.
You must include the claim number the insurance company has assigned to you. Attaching a copy of your police accident report will always help emphasize your point, even though the insurance company likely already had a copy.
The Main Body of Your Car Accident Settlement Demand Letter
Begin by describing your accident using the most descriptive words possible. Use action verbs like crushed or slammed to communicate how scary the accident was for you and your passengers.
Describe your injuries and the pain they’ve caused as vividly as possible. Use medical terms when possible.
Lost time at work. This is also a good time to explain how many days or weeks of work you’ve had to miss. Describe your job duties and how your injuries have affected your ability to perform. Mention any activities or vacations you’ve had to give up.
Go over your medical costs starting with emergency room bills, follow-up doctor visits, surgeon fees, and physical therapy. If you anticipate further care will be needed in the months to come, mention this. Offer to provide medical invoices as proof and a doctor’s diagnosis as well.
Document your car repair costs or the cost to replace your car based on estimates you’ve obtained.
Closing Paragraph in Your Insurance Demand Letter
End your demand letter by setting a deadline for a response. Indicate that you will try to reach out to the insurance company if you don’t hear back. You can also indicate that you intend to seek other options for getting a response if they continue to ignore you.
Below is an example of a car insurance demand letter. Make sure to tailor it to your own accident and situation.
Example Car Accident Demand Letter
June 20, 2024
(First and Last Name of insurance adjuster)
Better Car Wreck Insurance
Main Street
Bakersfield, CA
Re: Car Accident on (date) in (location)
Claim number: ????????????
Dear (First and Last Name of Insurance Adjuster)
You have been made aware of an accident caused by your policyholder, when (at-fault driver’s name) crossed a double-yellow line and struck my SUV head-on in Bakersfield, CA on (highway or at intersection). A CHP accident report has been attached to clearly show who was at fault in the accident.
On (date of the accident), (Name of at-fault driver) crossed over a solid yellow line while going 65 mph and smashed into my car head-on. In the blunt-force trauma of the accident, my seatbelt restrained me but also broke two of my ribs.
My head collided with the airbag that deployed and with the headrest, causing a Traumatic Brain Injury (TBI) in the form of a severe concussion. I also suffered whiplash and still have to deal with the pain to this day.
I was prescribed pain relievers and sent to physical therapy for two weeks to try to find relief from the pain and restore flexibility.
I had to miss nine days at work while dealing with blurry vision and severe pain while sitting. I simply wasn’t able to perform my job duties as a data entry specialist while trying to heal. I lost over a week of work and forfeited 2,500 dollars in wages. My pain and lack of full mobility also forced me to cancel my jogging and exercise routine that I had previously enjoyed three times a week. I had to miss my brother’s wedding due to the pain sitting on an airplane would have caused.
My emergency room bills from the night of the accident totaled $2,150. My two visits to my family doctor led to the discovery of several dislocated ribs as well, with those appointments costing $800. My physical therapy costs have totaled $1,300 and additional sessions could be required. I’ve included invoices for my medical bills and my medical chart. I have basic health insurance and my deductibles are high. I will likely have to pay the health insurance provider back for the care I’ve received or they will seek that money from your insurance company directly.
My car repair bills have totaled over 2,500 dollars, with car rental fees costing $950. These expenses are highlighted on an attached invoice from the body shop.
I don’t feel the liability in this accident is in question. The fault of your policyholder is clear and I shouldn’t have to wait any longer for fair compensation. (use this next section if you’ve already received a settlement offer) Your last settlement offer did not cover all of my medical costs, my lost income, and the physical and emotional trauma experienced. I expect a settlement offer that covers every financial cost I’ve received and that covers the lifestyle changes that have been forced upon me due to a reckless driver’s mistake.
I expect to get a response from your insurance company within 30 days. At that time, I will try to reach your company by phone again. I’ll also have to consider further options to earn fair compensation.
Thank you,
(Your signature)
Getting Help When Dealing with Insurance Companies After an Accident
In reality, in the example accident provided above, the victim has suffered some serious injuries and would likely benefit from the help of a skilled car accident lawyer.
When medical bills run high, car insurance companies will use even more unfair tactics to try to avoid accepting responsibility for a collision. Your Maison Law California Car Accident Lawyer knows how to recognize these tactics and cuts through the red tape on your behalf. Your lawyer will also be a strong negotiator and will demand the most in compensation possible so that you don’t leave money on the table.
Contact Maison Law to schedule a free case consultation after any California traffic accident. It’s a no-risk way to find out if having an attorney will help improve the outcome of your case. If possible, we want to handle the frustrating parts of the insurance claim process while giving you the time needed to focus on recovery.
