Sample Demand Letter - Bicycle-Car Accident

Henry Howard
412 Rosewood Way
Springfield, MO 12345

October 9, 20xx

Marge Bouvier
Yellow Umbrella Insurance Co.
999 Melody Drive
Chicago, IL 00000

Re: Your Insured, Carl Leonard
Claimant: Henry Howard
Claim No.: 13-853211

Date of Loss: April 14, 20xx

Dear Ms. Bouvier:

As you recall, I was injured in a bicycle-automobile accident with your insured, Carl Leonard, on April 14, 20xx in Springfield, Missouri. I was riding my bicycle along County Route 1 just outside Springfield at about 11 a.m. The weather was clear and sunny that day, and I was wearing a bicycle helmet and reflective vest and riding on the right-hand shoulder of the road. [NOTE: These details establish that Henry was following the rules of the road at the time of the accident and that visibility was good.]

About one-half mile west of the intersection of County Route 1 and State Street, your insured sideswiped me in his 1996 Ford Escort, striking me and my bicycle with the front right corner of the vehicle and the passenger-side mirror. The force of the crash threw me and my bicycle off the roadway and down a steep embankment. I have enclosed a copy of the police report (which states that I was following the traffic laws at the time of the accident), a diagram showing where my bicycle and I landed from the force of the collision, and a photograph of the damage done to my bicycle.

In addition to failing to provide sufficient space to pass me safely, your insured did not even attempt to slow down on approaching me from behind. This is, apparently, because he was attempting to eat a cheeseburger at the time and had dropped the entire thing in his lap, diverting his eyes from the road in the few seconds before the collision. Your insured's version of events, recounting the cheeseburger incident, is included in the enclosed police report. As you may know, distracted driving greatly increases the risk of an accident. Your insured's dangerous conduct led directly to the accident in this case. [NOTE: This section underlines some key weaknesses in the insured's case that will likely make him look bad in front of a jury.]

I was badly injured in the accident and was taken by ambulance to Springfield General Hospital. Immediately after the accident, I had severe pain and stiffness in my neck and a headache that turned severe very quickly. At the hospital, I was given X-rays, was advised to follow up with my family doctor, and was then sent home.

That night, the pain in my neck and head became so bad I could not sleep. I visited my family doctor, Blaise Pascal, M.D., the next morning and was given a referral to an orthopedist, Dr. Greg Mendel, M.D. Dr. Mendel examined me and discovered whiplash-type injuries that had caused inflammation in my cervical spine. He prescribed pain medication and muscle relaxant medication, advised me to spend the next three days on bed rest, and referred me to physical therapy at Looseback Creek Physical Therapy. [NOTE: Insurance adjusters may take the need for physical therapy more seriously if it is done on a doctor's referral.]

After my appointment with Dr. Mendel, I went home and followed his recommendation to spend three days on bed rest, missing one day of work and losing a weekend on which my son was playing in his regional Little League championships. [NOTE: While not a monetary loss, mentioning that the claimant missed his son's championship game shows how losses extend beyond medical bills.] That Monday, I tried to return to work, but was forced to come home early due to intense pain in my neck making it impossible to hold up my head. I spent an additional two days resting before I was able to return to my job. [NOTE: Describing his attempt to return to work shows that Henry needed the rest time and was making a good-faith effort to get back on his feet, rather than merely taking the opportunity for a free holiday.]

I completed six weeks of physical therapy with Looseback Creek Physical Therapy, and then I had a follow-up appointment with Dr. Mendel. Dr. Mendel told me I would likely have pain and stiffness for many months to come. Even now, six months after the accident, I still have difficulty turning my head, which limits my ability to drive to work and run errands. I am also afraid to get back on my bicycle as a result of the accident. This fear is so great that I missed three bicycle races I had planned to ride in this summer. [NOTE: In this section, Henry describes how the doctor corroborates the seriousness of his condition, how it still affects him, and how fear and anxiety as a result of the accident continue to negatively affect his life. All these facts may raise the value of his claim.]

The medical bills for my treatment are as follows:

Runaway Ambulance Co.: $500
Springfield General Hospital: $1,250
Blaise Pascal, M.D.: $210
Greg Mendel, M.D.: $880
Looseback Creek Physical Therapy: $950
Prescription Medications: $80
TOTAL MEDICAL BILLS: $ 3,870

Also, as a result of the accident, I lost four days of work as a medical office manager at Oz & Ark Cardiology, P.C. My monthly gross income is $3,333.33, and there were 20 work days in April, making my per diem pay $166.67 for April and my lost wages $666.68.

Because of the careless and dangerous driving of your insured, I lost four days of work and suffered excruciating back and neck pain, which still lingers six months after the accident and which my orthopedist says can be expected to linger for several more months. I required six weeks of physical therapy and still suffer not only physical pain, but also emotional anxiety. To compensate me for my losses in the accident, I demand the sum of $18,500.

I look forward to a prompt reply.

Sincerely,

[signature]

Henry Howard