Sample Truck Accident Demand Letter to the Insurance Company

Use this sample truck accident demand letter with helpful hints as a guide when writing your own demand for compensation to the insurance company.

When you’ve been in a vehicle accident caused by a negligent truck driver, you expect the at-fault driver to pay for your losses.

Whether you were hit by a pickup truck or a tractor-trailer, you’ll most likely have to deal with the at-fault driver’s insurance company.

Severe truck accident injury claims or claims involving commercial vehicles should be handled by an experienced personal injury attorney for the best outcome.

If you’ve recovered from relatively mild injuries, you should be able to negotiate a personal injury claim on your own.

You’ll begin the negotiations phase of your injury claim with a written demand for compensation.

How to Assemble a Complete Demand Packet

A complete demand packet contains your demand letter and copies of all the documentation that supports your claim, such as:

Use the dollar amounts from your bills, receipts, and wage loss statement to calculate the settlement value of your injury claim.

Your demand packet should contain copies of all your bills, receipts, and other vital evidence, even if the adjuster already has some of the documents.

A complete demand packet provides the adjuster everything they need to justify paying your claim without having to hunt through stacks of mail to match up a bill with your listed expenses.

Elements of a Convincing Demand Letter

You can send a demand letter that looks just as good as one written by an attorney with the help of a word-processing application and some good quality paper. Attorneys typically use white or cream-colored bond paper.

Use the functions in your word processing program to check spelling and grammar. Manually check the names of people and locations to be sure they’re correct.

Your demand letter should include:

  • Statement of Facts: A detailed description of what happened
  • Liability: A detailed explanation of why the truck driver is responsible for the crash
  • Injuries: Description of your physical injuries, emotional distress, and pain and suffering resulting from the collision
  • Damages: A detailed cost list of your special and general damages

Make a copy of your signed demand letter and enclosed documentation for your injury claim file.

Use a big enough envelope to hold your packet flat. Send the packet by USPS certified mail, return receipt requested. When the certified mail green card comes back, attach it to your copy of the demand packet.

Sample Truck Accident Demand Letter

Here we use a fictitious truck accident injury victim to illustrate a demand for compensation from the truck owner’s insurance company.

Feel free to use the format and hints in our sample letter to create your own demand letter to the at-fault driver’s insurance company.

Click the buttons to see helpful hints for writing your letter. 

Nicholas Hoffman
229 Maple Rd.
Shore Park, NH 03895

August 26, 2020

Standard Insurance Company
123 Street – Suite A
Dover, DE 09702

Attn: Jack Smith

Your Insured: Frank Jones

Re: Auto Collision on February 11, 2020

The insurance company might refer to the date of your incident as the “Date of Loss” or “Loss Date” on their correspondence.

Claim Number:  NHC000564

FOR SETTLEMENT PURPOSES ONLY

Adding the phrase “For Settlement Purposes Only” shows your letter is meant to be confidential and not for use in court.

Dear Mr. Smith:

As you know, on February 11, 2020, at approximately 1:00 p.m., I was seriously injured when your insured crashed into me while driving his 2017 Dodge Ram pickup truck.

If not for the negligence of your insured, Frank Jones, I would not have suffered injuries, pain and suffering, and lost several weeks from work. At all times, I was driving safely and carefully, and obeying all traffic laws.

Emphasize from the start that you did nothing to contribute to the circumstances leading to the crash. The insurance company won’t hesitate to use comparative fault as an excuse to reduce or deny your injury claim.

I suffered from pain and discomfort for several weeks. I was treated for my injuries at the Gilbert Urgent Care Clinic, 367 Main Street, Gilbert, New Hampshire, and at the Helping Hand Physical Therapy office at 3860 Coventry Avenue, Gilford, New Hampshire.

My injuries were directly caused by the negligence of Frank Jones. I never asked for any of this to happen. Before February 11, 2020, I enjoyed a full life without pain or discomfort.

On February 11, all that changed. Your insured’s negligence caused me significant damages, including medical and therapy bills, out-of-pocket expenses, lost wages, and debilitating pain and discomfort.

SUMMARY OF FACTS

On February 11, 2020, at approximately 1:00 p.m., I was returning to my job as a forklift operator at the Sunderland Factory in Allen, New Hampshire. I was driving my 2016 Toyota Corolla north on Claremont Avenue. The weather was sunny, and the road was dry.

Pointing out that the weather and road conditions were clear can prevent the other driver from blaming the crash on slippery roads or poor visibility.

As I approached the intersection of Claremont Avenue and Endicott Street, the traffic signal turned yellow. I began to brake and stopped as the signal turned red. Moments later, I was violently jolted in my seat as I heard a horrific bang behind me. Your insured slammed into me so hard with his big, heavy truck that my smaller sedan was forced forward.

Fortunately, there wasn’t another car in front of me, and I was wearing my seat belt. The force of the collision from behind caused my head and neck to snap forward then slam into the back of my seat and headrest.

Use descriptive language to paint vivid “word pictures” of your experience, without exaggerating what happened.

Immediately after the collision, your insured stopped. We both pulled over 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.

When the other driver says, “I’m sorry” or makes any excuses for the accident, their remarks count as an “admission against interest” that points to their liability for the crash.

I called 911. Officer Jay Putnam of the Allen, New Hampshire Police Department responded. He immediately asked if either of us was hurt. I told him my neck and shoulders were sore. Your insured stated he was not injured. Officer Putnam asked if I wanted an ambulance. I told the officer I would have my wife take me for medical care.

After investigating the scene, officer Putnam gave Frank Jones two tickets for failing to stop and for following too closely. I was not issued any citations.

A traffic citation is strong proof of the insured’s fault. Adjusters give police reports and traffic tickets a lot of weight when determining liability for motor vehicle accidents.

When the officer said we were allowed to leave, I drove home.

INJURIES AND TREATMENT

By the time I got home, my neck and shoulders were becoming stiff and painful, and I had a terrible headache. My wife, Sadie, drove me to the Urgent Care Center in Gilbert, New Hampshire. I was seen by Dr. Avery, who examined me and ordered X-rays of my head and neck.

As you can see in the enclosed doctor’s notes, Dr. Avery determined that I had suffered a cervical hyperflexion injury to the anterior longitudinal ligaments in my neck.

Adjusters tend to be suspicious of claims for whiplash neck injuries. As with any injury claim, using the medical terminology for your injuries helps to justify your diagnosis and treatment.

Dr. Avery said I would need to wear a cervical collar for two weeks, and then undergo physical therapy for an additional two weeks. He also prescribed Vicodin 10mg #30 as needed for the pain, and the muscle relaxer Flexeril 5mg #30 twice a day.

After I explained I was a forklift operator, Dr. Avery ordered me to stay off work for the duration of my treatment to avoid aggravating the injury to my neck.

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

Because of the restrictions from my doctor, I couldn’t drive my car or help around the house. I couldn’t play sports with my kids or walk the dog. I felt useless and depressed.

I had to use prescription pain medication for almost two weeks before switching to over-the-counter pain relievers. I needed to take the muscle relaxers every day until I finished physical therapy. I still need to use them occasionally for neck pain after working all day.

I was out of work for four full weeks because of the collision. As a result, the only income my family had was from my wife Sadie’s job as a secretary. Between the pain and worry over providing for my family, I could not sleep through the night.

I finished my physical therapy on March 12 and was finally allowed to go back to my job at the Sunderland factory.

WORK HISTORY

I’ve worked full-time as a forklift operator at the Sunderland Factory for the last four years. The enclosed wage statement includes my regular weekly hours and hourly wage. My supervisor can confirm that I had an excellent attendance record before I was hit by your insured.

This lets the adjuster know that if not for the negligence of the insured, you probably wouldn’t have missed any days of work.

DAMAGES

The following is a list of my medical bills and other losses. Copies of all bills and receipts are enclosed.

Urgent Care

$1,300

Physical Therapy

$1,400

Lost Wages

$3,200

Out-of-Pocket Expenses

$180

Pain and Suffering

$12,160

Total Damages

$18,240

To compensate me for the physical pain, emotional distress, and the financial costs I incurred because of the negligence of your insured, I demand the total amount of $18,240 to settle my injury claim.

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

Sincerely,

____________________
Nicholas Hoffman
(555) 694-6184
nhoffman@example.com

If you want to include an email address, use your personal email instead of your work email address. Your employer has legal access to anything in your work emails, including attachments.

Enclosures

Getting Help with Insurance Negotiations

You can usually settle minor injury claims with some basic negotiation skills and a good demand packet, but it’s good to know you can consult an attorney at any point in the negotiations process.

The hardest part of handling your own injury claim is dealing with the insurance adjuster. Professional negotiators know that both sides will have to compromise to reach a fair settlement, and that’s usually what happens.

However, if you get a belligerent adjuster who won’t come off a low-ball offer or a lazy adjuster who lets your claim languish, you might need help to get your claim moving.

It’s amazing how fast claims can settle once an attorney is involved. The adjuster doesn’t want to explain to their supervisor how a minor injury claim turned into a lawsuit against the insured.

Most injury attorneys don’t charge truck accident victims for their initial consultation, and there’s no obligation. It costs nothing to find out what an experienced attorney can do for you.

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