When an accident victim files a personal injury claim with an adverse insurer, it usually involves injuries suffered in a motor vehicle accident or a premises liability claim like a slip-and-fall or trip-and-fall. Once the demand letter and accompanying documentation are received by the insurer, the negotiation phase of the claim is triggered. Then, if your claim involves complicated issues of liability or damages, you should probably consult with and retain a quality California personal injury lawyer at Maison Law. You don’t want to risk devaluing your case or not being taken seriously.
Preparing to Write Your Demand Letter
Your demand letter should go to the attention of the last adjuster who was assigned to your claim. The letter should be dated, and the following information should be at the top for purposes of easy referencing:
- The date of your letter:
- Re: Smith vs. Jones or whoever the parties are.
- Date of the accident.
- The claim number.
- Attention: Your adjuster’s name.
The adjuster’s name should be written on the outside of your envelope on the lower left corner along with the claim number. That way, it will get under his or her nose faster.
Your Accompanying Documents
You’ll likely want to reference every piece of paper that’s relevant and material to your claim. As the insurance company has access to information sources that you can’t get to, it probably has more information about you and your claim than you think. Here’s what you should enclose copies of:
- All medical records and bills in connection with your claim
- Signed verification of your earnings loss from your employer
- A copy of the paramedics report
- A copy of the police accident report
- Copies of statements from any witnesses
- Any photographs of your injuries
- If your claim involved a car crash, any photographs of the damage to your vehicle along with the plate number
- Any dash, traffic or security camera footage in your possession depicting the occurrence
The Factual Basis for Liability
Lay out the facts surrounding liability clearly and concisely. Don’t give the adjuster any wiggle room to allege that you were partially at fault. If the police accident report gives an accurate statement of the facts, simply refer the adjuster to it without saying anything further. In fact, there’s no need for you to elaborate on what he or she already knows.
Your Damages
Identify each and every medical bill and out-of-pocket loss. Here’s a brief example:
ABC General Hospital (1-1-22) – $1,567.89
XYZ Orthopedics (1-3-22 to 1-22-02) – $9,265.20
CVS Pharmacy (1-23-22) – $27.12
Continue as above with all medical bills and out-of-pocket expenses in connection with the accident. You can provide a chronology of pain and suffering to the present day.
Your Settlement Demand
Don’t think that the sky is the limit. Every claim is finite, so try to be reasonable and objective. Remember, the adjuster does this for a living, and has very good insurance defense lawyers in reserve. Address your total medical bills, lost earnings, pain and suffering, any permanent disfigurement or disability and what it would take to resolve your claim in the best interests of both you and the insurer. As such, your adjuster probably has a range of settlement authority already. So don’t worry about a demand that’s a little on the high side, as you can expect the adjuster to start on the low side. Not having legal representation, you can expect that adjuster to remain on the low side though. Therein lies your problem.
The opposing insurance company can use things you said to them and the police and doctors against you in the future. Hopefully, you didn’t do anything to diminish the value of your claim. Start out on the right foot after an accident and contact our California personal injury lawyer here at Maison Law for a free consultation and case review after any accident. Upon retaining us, you’ll quickly realize the benefits of having quality representation.
Contact a California Personal Injury Lawyer Today
If you or a relative sustain injury in an accident, you might wonder if you’ll have to cover the cost of recovery alone. Make sure you have an attorney from Maison Law watching over every document exchange and communication you have with them.
After an accident involving a serious injury or the tragic loss of life in California, contact attorney Martin Gasparian for a free, no-obligation case consultation for your family. Mr. Gasparian takes a hands-on approach to every case and only gives victims advice that’s in their best interest.
