Updated August 24, 2023
A car accident demand letter is written to request payment for a personal injury that occurred during a car accident. In most cases, this involves a driver or passenger who was not at fault and was injured in the accident. The letter commonly acts as an instrument to forward any medical bills to the other driver or their insurance company. Depending on the severity of the claims, if the amount is not paid or there is no response, legal action may follow.
Table of Contents |
What to Include
For a car accident demand letter to be effective, it is recommended to include the following:
- A detailed account of the facts surrounding the accident
- An explanation of why the other party should be held liable
- An itemized list of all fees incurred due to treatments, medications, copays, surgeries, property damage, and other additional costs
- Lost wages due to accident
- A medical statement documented by the treating physician(s)
- Supporting documentation from law enforcement reports, witness statements, or employer statements
- The final amount requested
How to Get Paid After a Car Accident (4 steps)
- Enter the Accident Details
- Write the Injuries and Medical Treatment Sustained
- Calculate the Total Demand ($)
- Send Report to Insurance Company or Driver
1. Enter the Accident Details
The detailed account of the accident should include all aspects. Some preceding information may be necessary (“I was heading to pick up my son, when…”) as this would be appropriate in providing a full depiction of everything that occurred, in order for the insurance company to make a final determination. The individual will want to provide the direction of travel, speed, intersection, or freeway information and who they believe caused the accident versus the person that should not be held liable. Supporting statements should be made with evidence, such as a police report.
2. Write the Injuries and Medical Treatment Sustained
A full list of injuries and all receipts from medical bills should be included. Providing pictures may help depict how long an individual incurred the injuries and a list of all medical treatments received due to the direct result of the accident should also be attached.
3. Calculate the Total Demand ($)
The total demand should be mainly from:
- Vehicle Damage
- Medical Costs
- Work Absence
Perhaps the biggest financial effect for anyone involved in a vehicle accident is earnings and wages lost. It’s important to note that time off work for doctor’s appointments or therapy, regardless of the length of time, should be documented. Paystubs showing a lack of wages or employer statements are helpful in providing evidence. Any lost property due to the accident should be accounted for in terms of damages, which may include the vehicle itself and any items that were damaged.
4. Send Report to Insurance Company or Driver
Once the letter is ready, it should be sent to the appropriate insurance company or the driver of the vehicle. Legal counsel should be consulted to ensure the letter provides all necessary details and evidence. The car accident demand letter should be sent via certified mail to confirm its delivery.
After the demand has been paid, the parties should enter into a car accident release of liability.
Related Forms
Car Accident Settlement Agreement – If the driver is at fault and the victim agrees to a settlement amount, an official release should be given to the driver once the funds have been paid.
Insurance Company Demand Letter – Used by the injured party to demand money from an insurance company.