Write a Winning Demand Letter

To settle your insurance claim, you must craft a convincing demand letter. Here are
some tips.
The demand letter is the centerpiece of the insurance claim negotiation process. In it, you
set out to the insurance company your strongest arguments concerning:
what your injuries were and are
why the other person is legally responsible for your injuries
what your medical treatment was and how much it cost
what your income loss was
what other damages you suffered, and
why you qualify to make a claim against someone else under no-fault automobile
insurance, if that applies. (or detailed information about no-fault automobile
claims, see How to Win Your Personal Injury Claim, by attorney !oseph ".
#atthews ($olo%.%
&our letter should conclude with a demand on the insurance company for a lump sum to
settle your entire claim.
What to Emphasize in Your Demand Letter
'efore beginning to write your demand letter, re(iew your notes from the days and weeks
following the accident to remind yourself of the details -- your pain, discomfort,
incon(enience, disruption of life, and medical treatments. ()ee #ake $otes *bout &our
*ccident and Injuries.% Then concentrate on the following elements as you draft your
letter.
Liability
)tart by describing how the accident happened and why the insured person was at fault.
In plain language, briefly describe where you were and what you were doing immediately
before the accident, then how the accident occurred.
&ou should also mention any outside support you ha(e for your theory -- such as a police
report, building code section, or eyewitnesses+ statements.
omparative !egligence
In many accidents, there is some question about whether your own carelessness
contributed to the accident e(en though the other person was primarily at fault. ,aise this
issue in your demand letter by denying that you were at all at fault. (or information
about how your own carelessness may affect your insurance claim, and to learn the basic
rules of comparati(e negligence, see -eneral ,ules for .ro(ing ault in *ccidents.%
/(en if you belie(e that you might ha(e been partly at fault for the accident, do not admit
any fault in your demand letter. *lthough you must consider your own carelessness in
deciding what a fair settlement is, it is not your job to make comparati(e negligence
arguments for the insurance company. If and when an insurance adjuster brings up the
subject during settlement negotiations, you can debate the question then.
Your "n#uries and Treatment
0escribe your injuries and treatments -- and don+t be shy. /mphasi1e your pain, the
length and difficulty of your reco(ery, the negati(e effects of your injuries on your daily
life, and any long-term or permanent injury -- especially if it is disabling or disfiguring,
such as permanent stiffness, soreness, or scarring.
2f course, you shouldn+t make things up or be o(erly dramatic. Insurance companies will
turn a deaf ear to claims they belie(e are false. 3se appropriate medical terms where(er
possible -- for e4ample, 5narrowing of disk spacing5 rather than 5strained back.5
$edical E%penses
Include a complete list of each medical pro(ider who treated you and the total amount
charged by each.
Lost "ncome
#ake a brief statement of the amount of time you missed from work because of your
injuries, and refer to whate(er letter you ha(e from your employer (erifying your pay and
missed time. If you are irregularly or self-employed, e4plain how you arri(ed at the total
figure for lost income.
&ther Losses
If you suffered e4tra or unusual discomforts, embarrassments, incon(enience, or losses as
a result of your injuries, mention them in your demand letter.
Your 'ettlement Demand (igure
In the last paragraph of your letter, demand a specific sum of money as total
compensation for your pain, suffering, lost income, and other losses. )et out a figure that
is higher than what you think your claim is actually worth (a general rule is 678 to 9::8
higher than what you would be satisfied with%; this allows you some room to negotiate
with the insurance adjuster. (or help determining your settlement demand figure, see
<ow #uch Is &our .ersonal Injury =laim >orth?%
)ttach 'upporting Documents
*long with your demand letter, send the insurance company copies of documents,
records, letters, bills or other writings supporting the things you describe in your letter.
(@eep all originals for your own files.%
$ore Help With Demand Letters
&our demand letter is the most important part of obtaining a fair
settlement for your accident injuries, so it pays to write it well. or help
tailoring your letter to the specifics of your accident and injuries and for
ways to make it con(incing, including numerous sample demand letters,
see How to Win Your Personal Injury Claim, by attorney !oseph ".
#atthews ($olo%.