Sample Injury Demand Letter for a Truck Accident Claim

Just as personal injuries are unique to every victim, so are the underlying facts supporting each injury claim. This sample demand letter for a truck crash is meant to serve as a general guide to help you construct your own demand letter. By substituting your information, you should be able to write an effective demand for compensation.

Click on the buttons to get more information and an explanation of the reasoning behind the words and phrasing used in an effective demand letter.

Learn more about truck accident claims here.

Truck Accident Demand Letter Example

March 15, 2014

Doncair Insurance Company
Ms. Wona Seddle
Claims Adjuster
123 Street – Suite A
Concord, NH 03301

Re:
Claim Number:
16526 -PR
Your Insured:
Ima Badriver
Claimant:
Nicholas Hoffman
Claimant DOB:
02/14/1973
Date of Loss:
02/11/2014

“Date of Loss” is a phrase used to describe the date your collision occurred. It’s best not to casually refer to the date of injury as “…the day it happened,” or “…it happened on Tuesday.”

FOR SETTLEMENT PURPOSES ONLY

To alleviate overloaded court dockets most judges treat settlement negotiations as confidential. Doing so creates an environment where the claims adjuster and victim can communicate freely, without fear that what they discuss will be later used against them if trial becomes necessary.

Your demand letter is considered part of settlement negotiations. You can freely and openly discuss the underlying factual and legal issues related to you claim. Among those are contributory negligence, insurance policy limits, pre-existing injuries, and other salient matters.

Titling your demand letter with the phrase “For Settlement Purposes Only” helps to confirm the information in your demand letter will remain strictly confidential between you and the adjuster.

Dear Ms. Wona Seddle:

In this part of the demand letter, briefly discuss your version of the facts. Summarize the events leading to the collision and its aftermath, including the damages you sustained. Damages can include your medical bills, out-of-pocket expenses (for medications, crutches, neck braces, etc.), any lost wages, and pain and suffering.

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

It’s constructive to begin your demand letter in a positive, yet firm manner. Here you are letting the adjuster know your intention is to settle your claim, but if settlement negotiations break down, you won’t hesitate to consider filing a lawsuit.

As you are aware, at approximately 1:00 p.m. on February 11, 2014, I was involved in a collision with your insured. Your insured caused the collision when she negligently failed to stop and violently crashed her 2010 Dodge Ram 1500 pickup truck into the rear of my 2011 Toyota Corolla. As a direct and proximate result of your insured’s negligence I sustained serious injuries.

“Direct and proximate result” is a legal phrase that connects the negligence of the insured to your injuries. Using the phrase lets the adjuster know you are aware of the liability issues supporting your claim.

At all times related to the collision I was observant and followed existing traffic laws.

This statement addresses any contention by the adjuster that you were negligent or contributed to your injuries.

I was treated for my injuries at the Desmond Hospital’s Emergency Room located at 367 Main Street, Gilbert, New Hampshire. Thereafter, I was treated at the Helping Hand Chiropractic Clinic at 3860 Coventry Avenue, Gilbert, New Hampshire.

I want to make clear from the outset that I never asked for any of this to happen. Immediately prior to February 11, 2014, I enjoyed a full life free of pain and discomfort. On February 11th, however, all that changed. Your insured’s negligence caused me to sustain substantial damages, including medical and chiropractic bills, out-of-pocket expenses, lost wages, and debilitating pain and discomfort.

FACTUAL SUMMARY

A factual summary sets out in graphic detail the facts of the collision. It can include such matters as admissions of fault by the insured, police intervention, witness statements, medical and chiropractic treatment, out-of-pocket costs, and other issues legitimizing your injury claim.

On February 11, 2014, at approximately 1:00 p.m., I was returning to my job as a forklift operator at the Sunderland Factory in Allen, New Hampshire. At the time, I was driving my 2011 Toyota Corolla north on Claremont Avenue. The weather was sunny and dry.

Making clear the weather was sunny and dry eliminates possible allegations by the adjuster her insured wasn’t entirely at fault because the weather was rainy, obscuring her insured’s vision, or that the wet road made it impossible for the insured to stop in time.

As I approached the intersection of Claremont Avenue and Endicott Street, the traffic signal facing me turned yellow. I immediately decelerated and stopped as the signal turned red. Moments later I was violently jolted in my seat as I heard a horrific thud behind me. Fortunately, I was wearing my seat belt. The force of the collision from behind caused my head and neck to slam into the back of my seat and head rest.

Wherever possible, use active, descriptive adjectives and adverbs. For example, the phrase “He slammed into me” is far more effective than “He struck my vehicle from behind.”

At the time of the collision, your insured was driving a 2010 Dodge Ram 1500 pickup. Its mere mass was sufficient to cause substantial damage to my car and to make the force of impact to my shoulders and neck substantially higher than a lighter vehicle would have.

Immediately after the collision, your insured stopped. For safety purposes, your insured and I pulled to the shoulder of the road. When I asked your insured why he crashed into me, he said just before the collision he was distracted when he reached down to tune the radio.

The legal term for this is “admission against interest.” In personal injury claims, admissions against interest are statements, usually made by the insured at the time of the collision, where he or she admits to an action which contributed to the collision.

I called 911. Officer Jay Putnam of the Allen, New Hampshire Police Department responded. He immediately asked if either of us were hurt. I told him my neck and shoulders were sore. Your insured stated he was not injured. Officer Putnam asked if I wanted fire and rescue to take me to the hospital. I declined because, at the time, I didn’t believe my injuries merited a trip to the emergency room.

After investigating the scene, officer Putnam issued two citations to your insured. One was for failing to stop, and the other for following too closely. I was not issued any citations.

While the adjuster will likely know her insured was issued traffic citations, it’s a good idea to let her know you are aware as well. A traffic citation is considered objective proof of the insured’s fault. If a traffic citation was also issued to the victim, it can constitute a form of comparative negligence, which can diminish the liability of the insured and result in a lower settlement amount for the victim.

Officer Putnam subsequently completed his investigation and informed us we were free to leave. I left and drove the remaining distance to work.

If there were witnesses to the collision, be sure to include their names and contact information. If their statements support your claim, be sure to include in your letter what they said to you, the insured, or the police.

The next morning, February 12, 2014, I awoke with a severe headache and nausea. I was barely able to move my neck and shoulders without substantial pain and discomfort. My wife, Sadie, drove me to the Desmond Hospital Emergency Room located at 367 Main Street, Gilbert, New Hampshire. There, Dr. Avery Smith examined me and ordered an MRI examination.

The results of Dr. Smith’s physical examination and the MRI indicated that I sustained a cervical hyper flexion injury to the anterior longitudinal ligaments in my neck.

This type of injury is often referred to as “whiplash.” Unfortunately, many adjusters place a negative connotation on the term whiplash, and are skeptical when they see it listed as a victim’s injury. Refrain from using the word whiplash, and instead use the correct medical terminology for the injury.

Dr. Smith stated that to effectively treat my injury, I would need to wear a cervical collar for two weeks, and then undergo physical therapy for an additional two weeks. After I explained I was a forklift operator, Dr. Smith ordered me not to return to work for the duration of my treatment.

During the first two weeks of treatment, I continued to be in pain and discomfort. The cervical collar made it difficult to enjoy normal physical activities such as watching television, reading, and eating. On February 28, 2014 I permanently removed the cervical collar. For the next two weeks I continued to endure pain and discomfort.

Following Dr. Smith’s order, I sought therapy at the Helping Hands Chiropractic Clinic at 3860 Coventry Avenue, Gilbert, New Hampshire.

By making clear you were following doctor’s orders, it’s difficult for the adjuster to assert you were malingering, or trying to unnecessarily prolong your treatment.

For the next two weeks, my treatment included massage therapy, electrical stimulation, and exercises meant to hasten my recovery. During this time, I remained uncomfortable and continued to endure sporadic pain.

At all times during my medical and chiropractic treatment, I was unable to work. As a result, the only income my family had was from my wife Sadie’s job as a secretary for the Sunderland factory. On March 12, 2014, after completion of physical therapy, I was finally able to return to my job at the Sunderland factory.

INJURIES AND TREATMENT

I was initially treated at the Desmond Hospital Emergency Room located at 367 Main Street, Gilbert, New Hampshire. After a thorough physical examination and MRI, I was diagnosed as having sustained a cervical hyper flexion injury to the anterior longitudinal ligaments in my neck.

To treat my injury, Dr. Smith prescribed a cervical collar. He also prescribed Vicodin 10mg #30 as needed for the pain, and the muscle relaxer Flexeril 5mg #30 twice a day. Dr. Smith also ordered physical therapy for an additional two weeks. I was then discharged.

I received further treatment at the Helping Hands Chiropractic Clinic at 3860 Coventry Avenue, Gilbert, New Hampshire. There, I received massage therapy, electrical muscle and ligament stimulation, and exercise therapy.

PAST MEDICAL HISTORY

I am a 41-year-old male with an unremarkable medical history. My prior medical history includes hospitalization at the Desmond Hospital located at 367 Main Street, Gilbert, New Hampshire in May of 2011. There I was treated for a compound fracture to the ulna and radius bones in my left forearm. Those injuries were fully healed prior to the collision made the basis of this claim.

It’s important to be honest about any prior injures. You want make clear those injuries were treated and fully healed prior to the current injury made the basis of your claim. Doing so prevents the adjuster from asserting that your present injury is just an exacerbation of a prior injury.

Before the injury, I was also treated at the Desmond Hospital Emergency room on June 10, 2013 for a case of salmonella food poisoning. At all times since then, I have been in excellent health. Neither prior injury nor illness in any manner contributed to my injuries sustained as a result of the collision caused by your insured.

WORK HISTORY

I have been employed full-time for the last four years as a forklift operator at the Sunderland Factory located at 2677 Porter Steer in Allen, New Hampshire. Before that, I was employed as a mechanic at the Eagle Auto Dealership in Nashua, New Hampshire. Until February 11, 2014 I had only missed seven days of work at the Sunderland Factory.

This lets the adjuster know missing work is unusual for you. You are a contributing member of society, and if not for the negligence of her insured, you probably wouldn’t have missed any days of work. This helps add credibility to your claim.

DAMAGES

The following is a list of my medical bills and other losses. I have previously mailed you copies of my medical records and bills, along with copies of receipts for medications, the cervical collar, and costs of travel to and from treatment. You are also in possession of a letter from my employer confirming my lost wages.

Desmond Hospital
$1,300.00
Helping Hands Clinic
$1,400.00
Lost Wages
$1,120.00
Out-of-Pocket Expenses
$180.00

—

After careful consideration of liability and damages, and an in-depth review of standard settlements for similar neck injury cases with similar fact patterns, I am convinced a fair and reasonable settlement inclusive of my pain and suffering is $9,400.00.

For soft-tissue injuries like sprained muscles, minor cuts, bruises and abrasions, etc., many attorneys use a multiple of 2-4x the victim’s medical bills, plus expenses and lost wages, to come up with a total settlement demand amount. That amount includes all direct financial losses, and includes an amount for pain and suffering.

Here’s another way to look at it: In this truck accident example, the victim’s medical and chiropractic bills total $2,700.00. By settling for three times the medical bills plus out-of-pocket expenses and lost wages ($9,400.00), the total will cover all costs plus and amount for the victim’s pain and suffering.

I look forward to hearing from you. Please do not hesitate to contact me if you have any questions.

Yours truly,

____________________
Nicholas Hoffman
325-694-6184
nhoffman@forkliftoperator.com

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