I went to a DIY hardware store with a truck and trailer to gather materials for a home project. I was with my 2 year old granddaughter. The employees loaded the materials onto the trailer and I left.
Within one mile the trailer began to violently swing from side to side. The momentum of the trailer caused the truck and trailer to leave the road and roll. Both vehicles came to rest upside down and both vehicles were a total loss. The police report stated the accident was due to the items being loaded entirely on the rear of the trailer and the weight was not evenly distributed.
My neck and back were twisted and I was bruised and sore. I have been seeing a chiropractor ever since the wreck. My granddaughter was in her car seat and though uninjured she still has nightmares. The company’s insurance have reimbursed market value for the truck and trailer and are awaiting a demand for settlement from me.
Though I have searched for a sample letter I cannot find one that fits this situation. They all seem to involve another driver. Could you point me in the right direction? Thanks.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Here’s a sample letter. Send the letter Certified Return Receipt Requested:
January 14th, 2011 (Date of Letter)
(From) Ms. Debora _________
15562 Ellington Avenue
Tulsa, Oklahoma 74101
(To) Ms. Cynthia Hawkins Claims Adjuster ABC Insurance Company Anytown, NY 11772
Re: Your Insured: Alex Smith
Claim No: G 568-12
Date of (Accident) Loss: December 15th, 2010
Dear Ms. Hawkins:
As you know, on December 15th, 2010 I was seriously injured when the truck I was driving and the trailer attached rolled violently from the road and crashed.
The cause of the accident was your insured’s employees’ negligence when improperly and unsafely loading my trailer with building materials I purchased from them.
The force of the collision was horrific. The impact violently twisted my neck and back resulting in bruising, pain and discomfort. Although my daughter didn’t sustain bodily injuries since the date of the collision she has had recurring nightmares.
(If applicable) Immediately after the injury my daughter and I were transported by ambulance to the emergency room at ________ where we received treatment.
Since the day of the collision I have continued to suffer severe pain and discomfort to my neck and back. In an effort to relieve some of the pain and discomfort I sought chiropractic treatment.
(If applicable) As a further result of the collision and resulting pain and discomfort I was unable to work from the date of the collision through _________. Not being able to work has caused financial stress I hadn’t experienced prior to the collision.
At the time of the collision I was working at _________ company. My wages amounted to $______ weekly (or Biweekly). The amount of lost income was $_________.
I have enclosed copies of the medical and chiropractic bills I incurred since the date of the collision. I have also enclosed verification of my lost wages and receipts for my out of pocket expenses.
$1,700.00 Cat Scan:
$1,500.00 Cervical Collar:
$220.00 Back Brace:
$400.00 Prescription Medications:
$175.00 Back Brace:
$450.00 Lost Wages:
$1,500.00 Out of Pocket Expenses:
Total Medicals and Special damages:
As a result of these injuries and my continuing pain and suffering, and the nightmares continuing to be suffered by my daughter, I demand compensation in the amount of Twenty Seven Thousand Four Hundred Twenty ($27,420) Dollars (Multiple of 4).
If necessary you can negotiate downward to 3 times or $20,565.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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