What is a Demand Letter in a Car Accident Case?

A demand letter is a formal written document sent to the at-fault driver’s insurance company that outlines your claim. It explains how the car accident occurred, describes your injuries and financial losses, and presents the compensation you are requesting.

This letter plays a central role in the claims process. It:

• Establishes a clear record of your position
• Provides insurers with the details they need to evaluate your claim
• Begins the negotiation process, which often resolves cases before a lawsuit becomes necessary

Key Components of a Car Accident Demand Letter

Factual Account of the Accident

A strong demand letter begins with a clear narrative of what happened. This includes the:

• Date
• Time
• Location
• Weather Conditions
• Sequence of Events Leading Up to the Crash

Supporting materials such as police reports, photographs, witness statements, or citations reinforce your version of events and demonstrate how the other driver’s actions caused the accident.

Liability & Negligence

The letter should connect those facts to liability. Common grounds include:

• Speeding
• Ignoring Traffic Signals
• Failure to Yield
• Distracted Driving
• Impairment

Showing how the other driver violated safety rules makes it harder for insurers to dispute responsibility.

Medical Treatment & Injury Documentation

A well-prepared demand letter includes:

• Emergency Room Reports
• Doctor Notes
• Therapy Records
• Imaging Results
• Itemized Bills

It also explains how injuries disrupted your daily life, whether by limiting mobility, interrupting sleep, or creating emotional distress. These details humanize the claim and illustrate the real impact of the accident.

Economic Damages

Economic damages are measurable losses. These include:

• Medical costs (past and projected)
• Lost wages supported by employer documentation
• Reduced earning capacity if you cannot return to your prior work
• Property damage estimates

Even related expenses like rental cars, towing charges, or damaged personal property should be included to show the full financial toll.

Non-Economic Damages

Non-economic damages reflect the harder-to-measure effects of an accident:

• Pain and Suffering
• Anxiety
• Reduced Quality of Life

Evidence may include:

• Personal Statements
• Accounts from Family or Friends
• Records from Mental Health Professionals

These losses are subjective, but documenting them makes them more compelling to insurers.

Common Mistakes to Avoid

Insurance companies look for gaps or weaknesses in demand letters. To strengthen your claim:

• Avoid exaggeration: Stick to facts supported by documentation. Inflated claims hurt credibility.
• Do not rush: Wait until you reach maximum medical improvement so you understand the long-term impact of your injuries.
• Provide complete documentation: Missing medical bills, accident photos, or wage records give insurers an excuse to undervalue your claim.
• Keep demands realistic: Excessive amounts without proof often lead to rejection, while undervaluing your claim leaves money on the table.

What Happens After You Send a Demand Letter

Insurance companies rarely accept a demand outright. Instead, they respond with counteroffers that may dispute liability, question medical necessity, or propose lower damage calculations. Negotiation typically goes through several rounds before both sides find middle ground.

If settlement isn’t possible, the demand letter serves another purpose: it becomes evidence in litigation. Courts often view it as proof that you made a good faith effort to resolve the case before filing a lawsuit.

How MAS Law Can Help You

Our car accident attorneys know that a well-crafted demand letter can set the tone for your entire case. Our team gathers comprehensive documentation and works with medical and economic professionals to ensure your damages are fully presented. We write demand letters with insurers in mind, addressing the factors they use to evaluate claims while relentlessly advocating for your right to fair compensation.

When insurance companies respond with inadequate offers, we are prepared to negotiate aggressively or pursue litigation to protect your interests. Our goal is simple: to secure the maximum recovery available so you can focus on healing.

Contact us online or call (866) 328-8433 today to schedule a free consultation and learn how our attorneys can build a strong demand letter for your car accident case.