Sample Demand Letter: Rear-End Accident

Lindsay Howe
5920 Grand River Avenue
Chicago, IL 48208

March 13, 20XX

Ted Gordon
Claims Adjuster
Production Workers Insurance Company
1955 Olympia Drive
Chicago, IL 48208

Re: Your Insured, Ray Martyn

Claimant: Lindsay Howe
Claim No. M 123 456 78
Date of Loss: January 14, 20XX

Dear Mr. Gordon,

On January 14, 20XX Ray Martyn, your insured, struck my vehicle from the rear while I was stopped at a red light at Woodward and Larned in Chicago, IL. As a result of Mr. Martyn’s negligence, I’ve sustained injuries to my neck and shoulder, as well as damage to my vehicle. Please consider this correspondence a formal demand for compensation for the injuries and damages outlined below.

[Always lead with the reason for your demand. Give the basic “who, what, when, where” so the adjuster knows what he or she is reading. Right off the bat, use language that makes it clear that the insured was negligent and caused your injuries.]

At the time of the collision, I was in the left-most lane of northbound Woodward Avenue, preparing to complete a right turn onto eastbound Larned once the light turned green. My turn signal was on and functional. There were no cars behind me. As I sat at the light, I saw your insured’s black Ford F-150 complete a right turn off of Jefferson Avenue, approximately one block behind me. Your insured continued to approach the rear end of my vehicle without slowing, despite the clearly red light. I noted that Mr. Martyn was on his cellphone. It became quickly apparent that Mr. Martyn was not going to slow down.

A split second later, Mr. Martyn’s truck violently struck the rear of my vehicle, throwing me forward against my seatbelt and causing my airbag to deploy.

My head was thrown back, then forward, in a violent manner and I immediately began to feel a sharp pain in my right shoulder. My car was pushed forward 5 to 7 feet into the intersection. Luckily, oncoming traffic and pedestrians were able to move out of the way, as it appears they saw the accident coming.

[Describe, in great detail, how the accident occurred. Remember to consistently talk about what the insured did wrong and how it caused the accident. Don’t say “I was struck,” but instead say “your insured struck me.” Include landmarks, street names and as many details as you can remember. Compose a story that is so specific and so detailed that no one can accuse you of exaggerating or making it up.]

After establishing that my injuries did not prevent me from leaving my car, I exited my vehicle on the driver’s side. Mr. Martyn did the same, with his hazard lights on. I asked Mr. Martyn whether he was paying attention, and he apologized profusely for striking my car and told me that he had called for an ambulance.

[If the offending driver apologized to you and admitted fault at the scene of the accident, always include those facts in your demand letter. Make it very clear to the adjuster that even the insured knows he was at fault, and that liability is not in question. Details such as the driver talking on his cellphone and saying that he was unfamiliar with the area can be very important when establishing liability for a car accident.]

It took nearly 20 minutes for an ambulance and squad car to arrive. In the intervening time, I took several pictures of both my vehicle and Mr. Martyn’s, which I’ve attached as an exhibit. As you can see, my Ford Focus sustained severe damage to the rear bumper and trunk, and the rear window was shattered. Mr. Martyn’s truck had minor cosmetic damage on the front bumper.

I also took the opportunity to take down the names, phone numbers and email addresses of several witnesses to the accident. To a person, they will tell you that Mr. Martyn simply drove his truck into my car without even slowing. I’ve included a list of witnesses with this letter, along with emailed statements from those who were willing to provide them. As you’ll see, they all confirm that your insured was at fault.

Once the police and EMS arrived on the scene, we filled out a police report and Mr. Martyn was cited for the accident. I’ve enclosed a copy of the police report with this letter. EMS technicians examined me and suggested I seek medical help within 24 hours. While my shoulder was still in excruciating pain, I did not need to go to the hospital by ambulance. Once the formalities were dealt with, my car was towed away, and Mr. Martyn had left the scene, my wife picked me up and drove me to Henry Ford Wyandotte Hospital.

I arrived at the ER approximately two hours after the accident. By that time, I had begun to experience neck and upper back pain in addition to my shoulder pain. Tests revealed that I had a labral tear in my shoulder as well as hyperextension/compression injuries to my neck and spine. While surgery has not been required for my labral tear, I have been off work for nearly three months because of it. The spinal injuries have not yet resolved either, and I am undergoing physical therapy on a twice-weekly basis and will continue to do so until such a time as my injuries resolve. I have included copies of my medical records for your perusal.

I continue to suffer from chronic shoulder and neck pain and my medical bills continue to mount. I am still unable to return to work, causing continual loss of wages and accrued vacation time.

As of today’s date, I have lost in excess of $12,000 in wages, as well as all of my accrued vacation time for the year. I have included paystubs and a letter from my Human Resources department confirming as much. I’ve also spent nearly $4,000 on my medical care, including a $2,000 deductible and the relevant co-pays. Again, I have attached proof of my expenses to this correspondence.

In addition to the physical injuries I suffered, my car was totaled. I have lost approximately $2,500 based on the difference between what my insurance paid and what I owed on the vehicle. Additionally, my insurance carrier promptly raised my rates causing me to incur another $350 in expenses. I’ve attached proof of these claims as well.

[Be sure to document all diagnoses as well as retain copies of all medical expenses related to the accident. Include copies with your demand letter, along with evidence of any work or wages you may have missed because of your accident. The same goes for any car repair or replacement costs. Don’t leave anything out, and whenever possible provide proof for the adjuster to analyze. They love to do calculations on their own.]

Based on all of this, and the attached proof, I respectfully demand that you provide me with compensation for my injuries, pain, suffering and damage to my vehicle in the amount of $37,000. I’m sure you’ll agree that the amount demanded is both reasonable and appropriate, and far more desirable than any potential litigation expenses, particularly since your insured has freely admitted and been cited for his negligence.

I look forward to speaking to you further regarding a prompt settlement. You may reach me at (123) 456-7890. If I don’t hear from you in the next ten days, I will follow up via telephone.

Best Regards,

[signature]

Lindsay Howe

[Make sure the total demand is inclusive of all expenses and losses, and leave room to negotiate. In the example above, expenses and wage loss were approximately $18,000.00 and the amount demanded was double that, so even if the insurance company won’t pay more than 50% of the demand, at least all of your out of pocket expenses and wage losses are covered.]