When Should I Send an Injury Demand Letter?

by Rosa
(Manteca, CA)

I was involved in an auto accident and the other party's insurance has contacted me and informed me that they accept liability. I informed the insurance company that myself and others in the car were injured and will be seeing a medical doctor.

What do I need to do next once I see a doctor? When should I send a claim and demand letter?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "When Should I Send an Injury Demand Letter?":

My suggestion would be that you contact a personal injury attorney. I'm sure you would be able to go through the motions, but an attorney will be able to make sure that you get the most money for your injuries. P.I. attorneys do not get paid unless they are successful in getting you money.

But, to answer your question, send a letter to the defendant's insurance company as soon as possible to let them know you (and the others) will be making a claim for personal injuries. The insurance company will reply with a request for an authorization to obtain your medical records.

Once they are in receipt of all your records (this means you shouldn't settle until you are finished with treatment) they will begin to talk settlement. This is where having an attorney represent you will help. The insurance company is going to try to offer you as little as possible to go away. Only an experienced attorney will know what you injuries are worth.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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