Sample Demand Letter for Compensation After a Crash Caused by Texting

Use our sample demand letter and practical tips to help write your own demand if you’ve been injured in a car crash caused by a texting driver.

Despite public service warnings about the dangers of texting while driving, accidents caused by texting happen every day.

It’s no surprise that many rear-end accidents involve a distracted driver who was texting instead of paying attention to the road.

When you’ve been hurt in a car accident, it’s reasonable to expect compensation for your injuries.

In no-fault insurance states, you must rely on the Personal Injury Protection (PIP) coverage in your auto policy for relatively minor injury claims.

In other states, you might be able to settle your injury claim by negotiating directly with the at-fault driver’s insurance company.

Severe injury claims are best handled by an experienced personal injury attorney to get the best outcome for the victim.

If you decide to handle your own injury claim, negotiations get underway when you send a formal compensation demand letter.

Putting Together Your Demand Packet

A complete demand packet includes your written demand for compensation, evidence of the other driver’s fault, and proof of your damages.

Important car accident evidence includes:

Insurance companies separate your accident-related losses into two categories, “special damages” and “general damages.”  You’ll combine the dollar value of the two categories to calculate your claim’s value.

Special damages, also called “hard costs,” are expenses you can validate with copies of medical bills, receipts, and a wage statement from your employer.

General damages, like mental anguish, anxiety, and other sufferings, can’t be measured with a bill or receipt. However, there are other ways to justify the amount you seek for pain and suffering.

Make copies of all your bills, photographs, and other supporting evidence to include in your demand packet. Keep original documents safely tucked away in your injury claim file.

Write an Effective Demand Letter

You can prepare a demand letter that looks just as good as one drafted by an attorney, with a little attention to detail:

  • Use the review functions to check spelling and grammar
  • Verify the spelling of names and locations
  • Check your math and dollar amounts
  • Print your letter on neutral-colored bond paper
  • Sign the letter in black or blue ink

Your demand letter should include:

  • Facts: Your detailed description of events before, during, and after the crash
  • Liability: Describe your evidence of the other driver’s fault
  • Injuries: Explain in detail how your injuries and treatment affected your life
  • Damages: A cost list of your special and general damages

After signing the demand letter, make a copy of the complete packet for your file.

Send the letter by USPS certified mail, return receipt requested. When the green card comes back, attach it to your copy of the demand letter.

Sample Texting Accident Demand Letter

Here we’ve written a sample demand letter to the at-fault driver’s insurance company. Our fictional car accident victim was rear-ended by a woman who was texting at the time of the crash.

Insurance companies usually handle car accident property damage claims separately, so our sample demand focuses on the victim’s injury claim.

Click for practical hints about writing your demand letter. 

Sebastian Diaz
325 Oak St.
Tucson, AZ 32520

March 10, 2020

Classic Insurance Company
1001 Broad Street
Houston, TX 54149
Attn: Frank Jones

Your Insured: Tracy Ewing

Re: Auto Collision on January 30, 2020

Insurance companies often refer to the collision date as the “Loss Date,” “Date of Loss,” or “DOL.”

Claim Number:  400123 MVA

FOR SETTLEMENT PURPOSES ONLY

Adding “For Settlement Purposes Only” to the letter indicates the contents should not be used in evidence if you end up filing a lawsuit. You don’t want a potential jury to limit their thinking about the amount of money you might be awarded.

Dear Mr. Jones:

As you know, I was seriously injured on January 30, 2020, at around 12:30 p.m., when your insured violently crashed her Ford F150 pickup into the rear of my Chevy Malibu. The collision happened at the intersection of Main Street and Lakeland Avenue in Tucson.

Use vivid words like “slammed” and “crashed” to describe the event. Avoid using the word “accident,” which suggests no one was at fault for the crash.

I suffered significant neck injuries that kept me out of work for three weeks.

If not for the negligence of your insured, Tracy Ewing, I would not have suffered my injuries, lost wages, and pain and suffering.

Your insured was too busy texting to pay attention to the road, violently crashing into the back of my car. There was nothing I could do to avoid the crash. I was injured by the negligence of your insured, through no fault of my own.

Establish up front that you did nothing to contribute to the collision. In states like Arizona, the adjuster can use comparative fault laws to reduce your claim if you share any fault.

I never asked for any of this to happen. Before the collision, I had a full and busy work and home life, free of pain and discomfort. All that changed on January 30, 2020, when Tracy Ewing plowed into the back of my car because she was too busy texting to watch where she was going.

Because of your insured’s negligence, I have suffered ongoing pain, distress, and financial losses.

I am seeking compensation for the injury-related damages I sustained in the collision, including my medical bills, lost wages, and my pain and suffering.

Most claims involve medical expenses and lost wages, but your injury claim damages might also include out-of-pocket expenses, travel costs and parking fees for medical appointments, replacement services like lawn care, and more.

STATEMENT OF FACTS

On January 30, 2020, at approximately 12:30 p.m., I was returning to my job at the Haverford Printing Company. I was driving north on Main Street.

I was wearing my seatbelt, fully alert, and aware of my surroundings. As I reached the intersection of Main Street and Lakeland Avenue, I came to a full stop at the stop sign.

While stopped, I was suddenly and violently struck from behind by your insured’s Ford 150 pickup truck. The collision caused my head, neck, and shoulders to snap violently and repeatedly forward and backward, with my head finally slamming into the headrest.

After the collision, I pulled over to the shoulder on the east side of Main Street. Your insured pulled behind me and stopped. So did another driver whose name I learned was Gena Simpson.

I called 911 and reported the crash. The police and a rescue squad arrived about fifteen minutes later.

As we got out of our cars, your insured rushed over to me and said, “I’m sorry. I didn’t see you. I was texting my boyfriend.”

The other driver’s apologies or excuses for the collision are “admissions against interest” that you can use to confirm their liability for the crash.

Ms. Simpson said, “I was directly behind the pickup truck, and right before she hit you, I saw her with her head down, holding a cell phone.” Gena Simpson also wrote down what she saw in her witness statement, copy enclosed.  

Do everything you can to find a witness to the collision. Having an impartial account of what happened is strong evidence of the other driver’s fault for the crash.

The rescue squad medics looked me over at the scene. I was still full of adrenaline from the shock of the crash and told them I’d get checked out at urgent care after the police let us go.

After the investigating officer looked over the scene and talked to both drivers and the witness, he determined your insured was at fault for the collision. Tracy Ewing was issued two traffic citations for failing to keep a proper lookout and texting while driving.

As you can see in the enclosed police report, I did nothing wrong.

If the police investigate your collision, be sure to obtain a copy of the police report. Police reports are powerful evidence in support of your claim.

After calling my boss and my wife to let them know what happened, I met my wife at home. She then drove me in her car to the urgent care clinic nearest our home.

INJURIES AND TREATMENT

Dr. Avery Smith treated me. After an extensive physical evaluation, including a set of x-rays, Dr. Smith diagnosed my injury as a serious hyperextension and flexion injury to the neck.

Become familiar with the terminology in your medical records. Using the correct terms for your injuries is specific and authoritative.

Dr. Smith prescribed muscle relaxers, over-the-counter pain medication, and ordered me to wear a cervical collar. He told me to stay out of work to prevent further injury to my neck.

At my follow-up visit, Dr. Smith confirmed that my injury was healing and ordered ten days of physical therapy to help restore the range of motion to my neck. He ordered me to keep wearing the cervical collar, not to drive, and to remain off work until I completed therapy. I’m a computer programmer and he didn’t want me to aggravate my neck by hunching over a keyboard all day.

I had therapy at Pleasant Valley Physical Therapy. When I completed the prescribed course of therapy, I was released to return to work.

Following your doctor’s orders shows the adjuster you aren’t a malingerer, and your primary goal was to get well and get back to work.

In addition to the pain and discomfort I endured during treatment, I was also unable to enjoy the love and companionship of my spouse and young children. I was unable to pick my children up, play with them, or help them with their homework. I was also unable to perform simple tasks such as bathing, dressing, and other personal activities without great difficulty.

WORK HISTORY

I have been employed full-time for the last five years as a computer programmer for the Brandon Computer Company in Tucson, Arizona. I worked hard to get my programming certifications. I like my job and my co-workers.

As you can see from the enclosed letter from my employer, due to the crash I missed three full weeks of work. Prior to January 30, 2020, I had an excellent attendance record.

Being out of work for three weeks was no vacation. I couldn’t do anything around our house, even run errands because I was restricted from driving.

The loss of my paycheck for three weeks created a financial hardship for my family. I was depressed and embarrassed when we had to get help from family and friends to make ends meet.

This language helps convey to the adjuster you are a contributing member of society who dislikes being injured and out of work.

DAMAGES

The following is a list of my damages. Copies of my medical bills and other injury-related paperwork are enclosed.

Dr. Smith/Urgent Care

$1,500

Out-of-pocket Expenses

$70

Physical Therapy

$1,200

Lost Wages

$2,500

Pain and Suffering

$11,000

Total Damages

$13,500

DEMAND

To compensate me for the physical pain, emotional distress, and the financial costs I sustained because of the negligence of your insured, I demand the total amount of $13,500 to resolve my injury claim.

Please respond within fifteen (15) business days. I appreciate your prompt attention to this matter.

Sincerely,

Sebastian Diaz
555-351-4254
sdiaz@example.com

Protect your privacy by providing your home email rather than your work email address. Employers have legal access to all mail and attachments in work email accounts.

Get Legal Help When You Need It

When you take the time to organize your paperwork and learn about the personal injury claim process, you can probably settle your injury claim without a hitch.

Most insurance adjusters are willing to work with you so long as you are asking for a reasonable amount of money, and the insured’s liability is clear.

If problems crop up, it’s good to know that you have the right to consult an attorney at any point in the negotiation process.

An attorney can protect your interests if the adjuster tries to pin some of the blame on you. Your attorney can also subpoena critical evidence, like cell phone records, that you’d have a hard time getting on your own.

You don’t have to settle for less or put up with an adjuster’s bad attitude. Get the legal help you need.

Most injury attorneys don’t charge car accident victims for the first consultation, and there’s no obligation. It costs nothing to find out what a good attorney can do for you.

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
Charles R. Gueli is a personal injury attorney with over 20 years of legal experience. He is admitted to the New York State Bar and the U.S. District Court. The American Academy of Trial Attorneys have named Charles to the Premier 100, a prestigious honor awarded to less than 1% of attorneys in the USA.... Read More >>