Sample Demand Letter for Settlement of a Cell Phone Accident Claim

Just as personal injuries are unique to every victim, so are the underlying facts supporting each injury claim. Here we deal with injuries sustained in a cell phone accident. You can use this sample demand letter as a general guideline to help you write your own demand letter. By substituting your information, you should be able to construct an effective demand for compensation.

The buttons will help you better understand the reasoning behind the words and phrases used in an effective demand letter.

Learn more about cell phone accident claims here.

Cell Phone Accident Demand Letter Example

May 6, 2014


Dontcair Insurance Company
Ms. Wona Seddle
Claims Adjuster
123 Street – Suite A
Houston, TX 54919


Claim Number:


Your Insured:

Ima Somportant


Jenny Pope

Claimant DOB:


Date of Loss:



Courts have traditionally afforded settlement negotiations, including demand letters, a form of confidentiality. To have any chance of settling a claim before trial, it’s vital for a free-flowing and honest dialogue to take place between an insurance adjuster and victim.

This can include discussions of comparative negligence, pre-existing injuries, insurance policy limits, and more. If victims and insurance companies knew what they said during settlement negotiations could be later used against them in court, it’s unlikely they would discuss such matters openly.

Dear Ms. Seddle:

Begin your letter with a brief review of the cause of your injuries, the aftermath of the collision, your medical treatment, and the legal basis for your claim.

As you are aware, at approximately 8:00 a.m. on the morning of April 5, 2014, I was seriously injured when your insured, while distracted by her cell phone, crashed into me. The injuries I sustained caused me substantial pain and discomfort for an extended period of time. I was treated for my injuries at Good Samaritan Hospital in Albany, NY.

At all times related to my injury, I was observant and following existing traffic laws. Your insured was clearly negligent, as at the time of the collision she was distracted by her cell phone. Her negligence was the direct and proximate cause of my injuries.

Remind the adjuster you were driving carefully and obeying all traffic laws at the time of the collision. This preemptively addresses any allegations of contributory negligence. Using the phrase “direct and proximate cause” shows the adjuster you understand the basis of liability law and the causal relationship between her insured’s negligence and your resulting injuries.

I want to make clear from the outset I never asked for any of this to happen. Before April 5, 2014 I enjoyed a full life free of pain and discomfort. On April 5th, however, all that changed. Your insured’s negligence caused, and continues to cause, substantial pain and discomfort. The damages I sustained include medical and chiropractic bills, out-of-pocket expenses (for medications, crutches, and transportation), lost wages, and pain and discomfort.

As you are aware, I am currently not represented by an attorney. I’m writing this letter in good faith, in hope of settling this claim amicably and without the need for litigation.

This makes clear to the adjuster you would rather settle your claim than have to go to trial. At the same time, it suggests that if a settlement can’t be reached, you won’t hesitate to hire an attorney and file a lawsuit.


A factual summary is a concise review of the underlying events leading to your injury and the damages you sustained. This summary sets also out the factual and legal basis for your claim, as well as the evidence supporting it.

On April 5, 2014, at approximately 8:00 a.m., I was traveling northbound on Cromwell Avenue in Albany, New York. I was driving my 2013 Honda Accord. At all times relevant to this date my Honda was running smoothly. Its brakes, lights, turn signals, and other parts of the car were performing properly. I was wearing my seatbelt.

As I approached the intersection of Cromwell Avenue and Jefferson Boulevard, I came to a stop at a red traffic signal. At about the same time, your insured was traveling westbound on Jefferson Boulevard. When the light in front of me turned green I proceeded through the intersection, still heading northbound. As I passed through the intersection, your insured crashed into the passenger side of my car.

Refrain from using the word “accident.” Accident implies it wasn’t the insured’s fault. The words “crash” and “collision” are more effective.

Your insured failed to stop at the red light facing her on Jefferson Boulevard. Immediately after impact, I felt a searing pain in my neck and back. Fortunately, two other drivers came to my aid. They were Susan Feckland of 6771 Main Street, in Skidmore, NY, and Marvin Haler of 7833 Apple Street in Albany, NY. Ms. Feckland called 911.

While waiting for fire and rescue to arrive, Ms. Feckland, who had been driving directly behind your insured, told me she clearly saw your insured talking on her cell phone while holding the cell phone to her ear.

When the police arrived, they spoke with your insured, Ms. Feckland, Mr. Haler, and me. They then issued your insured a traffic citation for talking on her cell phone while driving, and another citation for failure to observe a traffic signal.

Be sure to obtain a copy of the police report. It will contain a ton of useful information. If the other driver was issued a traffic citation, your claim will be rock solid.

Because my Honda was disabled by the crash, I had to call a towing service to transport it to the dealer. After being treated at the scene by paramedics, I felt well enough to take a taxi home. The next morning, April 6, 2014, I awoke in searing pain. I was unable to move my neck and shoulders without great discomfort.

I saw my primary care physician, Dr. Cotter, later that day. He ordered I receive physical therapy. I was then treated for my injuries at Albany First Chiropractic Clinic. My injuries made it impossible for me to work from April 5, 2014 through May 3, 2014 at my job as a teller at Fidelity National Bank in Albany, New York.


I was treated at the scene of the collision by the American Ambulance Service of 6763 Main Street, Albany New York. I saw my primary care physician, Dr. James Cotter, the following day. He ordered I receive physical therapy and prescribed Vicodin, 5mg/300mg as needed for pain.

Dr. Efram Herrera of Albany First Chiropractic Clinic later diagnosed me as having sustained a whiplash injury. I underwent therapy from April 7, 2014 through May 2, 2015. My treatment included ultrasound, electrical stimulation, therapeutic massage, and physiotherapy. I thoroughly followed Dr. Herrera’s orders in an effort to complete my treatment and return to work as soon as possible.

Adding this language suggests to the adjuster you weren’t malingering or trying to unnecessarily prolong your treatment.


I am a 28-year-old female with an unremarkable medical history. My prior medical treatment includes the natural delivery of a daughter on January 2, 2009. In 2005, I sustained a broken left clavicle. At the time of the collision made the basis of this claim, my injuries were fully healed.

This language makes clear to the adjuster you didn’t have a previous injury that might have contributed to or exacerbated your current injury.


I have been employed since May of 2010 as a bank teller at the Fidelity National Bank at 256 Comer Street in Albany, New York. During my tenure at Fidelity, I have missed only five days of work due to illness. Prior to May 2010, I was employed as a waitress at the Burning Embers Restaurant in Skidmore, New York. Before that, I was a student at Marion High School in Albany, New York.

Let the adjuster know you have a strong work history and rarely miss work due to illness. Try to convey that you’re a contributing and responsible member of society, with no ulterior motives.


The following is a list of my treatment bills and other financial losses related to this claim. I have already sent you copies of my ambulance bill, doctor and chiropractic records and bills, and receipts for my out-of-pocket expenses. I’ve attached copies of all relevant documents, and included a letter from my employer confirming my lost wages.

Include ALL your treatment costs and out-of-pocket expenses (cost of medicines, bandages, hospital parking lot fees, towing costs, prorated amounts for gasoline used while driving to and from treatment, etc.). Also include verification of lost income.

American Ambulance Service


Dr. James Cotter


Albany First Chiropractic


Lost Wages




Transportation Costs


After careful consideration of liability and damages, and an in-depth review of standard settlements for similar personal injury cases with similar fact patterns, I am convinced a fair and reasonable settlement inclusive of my pain and suffering is $16,505.00.

You will add an amount for pain and suffering to the total of your documented medical bills. For soft-tissue injuries like whiplash, multiply the total medical bills by a factor between 2-5x to come up with a total settlement demand amount.

In the above example, by settling for three times the victim’s total medical costs, plus expenses and lost wages ($13,725.00 + $180.00 + $2,600.00), the victim’s total treatment costs and other expenses will be fully reimbursed. The remaining amount of $9,150.00 covers the victim’s pain and suffering.

The adjuster is unlikely to accept your first demand for settlement. This is why you should start off with a demand slightly higher than you think is fair. This way you’ll have room to negotiate.

I look forward to hearing from you.


Jenny Pope
3253 SW 35th St.
Albany, NY 32503

Be sure to only list contact details where you’re comfortable receiving correspondence from the insurance company.

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