Dealing with a motor vehicle accident can be difficult. You are likely dealing with your injuries, have no vehicle, are out of work, and are feeling frustrated and alone. It's usually only after you are trying to cope with everything that it dawns on you what is involved. For some victims, it's helpful to send a demand letter. This letter is used by personal injury lawyers to demand compensation from the at-fault driver's insurer. Read on and find out what should be in that letter.
The Fault Lies with the Other Driver
Fault is a big issue after a car accident. The other insurer needs to know that you are not at fault and why. For instance, the letter might inform the insurer that you are not at fault and that the accident report will back that fact up. Include a short summary of the way the accident happened and how their client caused the accident.
Without any physical injuries and medical expenses, there is no personal injury case. It's not important to include detailed information about your injuries in the letter. However, medical expenses are used to determine your settlement so a summary of how much money has been spent (or has been billed) and it will help give the other side an idea of what they could be facing in costs. If additional medical treatment will be in your future, let them know about that too.
Show Your Proof
Allegations of fault and damages mean more when you can show that you have proof of your damages. You don't have to give every piece of evidence now, however. You should mention the accident report, for which they probably already have a copy, a list of your lost time from work, your dollar amount of medical expenses so far, and information about your vehicle replacement or repair.
If fault has not been decided, a list of witnesses (no names) that are prepared to give statements is also very convincing. Any other evidence you have that your lawyer feels will help get them to take notice of your case could be advantageous.
The final part of the letter will be the demand. You and your personal injury lawyer will decide how much you are owed. In most cases, each form of damage is attached to a dollar amount. Those damages are added together and then pain and suffering is determined. There are various methods for calculating pain and suffering but it can be the most expensive of all the damage categories.
You might not get what you want immediately after sending the letter. However, it will open the negotiations between your lawyer and the insurers for the other driver. Speak to an injury lawyer to find out more.