Auto Accident Demand Letter - Universal

DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

Preparation gate — do not send this universal worksheet as written. Complete the controlling-law and policy profile below, convert prompts into fact-supported language, and delete every inapplicable request, conclusion, remedy, deadline, and damage category. A requested response date is not a statutory cure period or bad-faith trigger unless current controlling authority makes it one.

CONTROLLING-LAW, POLICY, AND DEADLINE PROFILE

Stop condition: If a legal proposition or deadline has no current controlling source in this profile, omit it from the letter.

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, State ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Loss: [Date of Accident]
Your Insured: [At-Fault Driver Name]
Claim Number: [Claim Number]
Policy Number: [Policy Number]
Policy Limits: [Known Policy Limits or "Limits Demanded"]

Dear [Adjuster Name]:

This firm represents [Client Name] ("Claimant") concerning the motor vehicle collision on [Date of Accident]. After completing the preparation profile, replace this sentence with counsel-approved language describing the claims, disputed issues, evidence, and settlement proposal: [APPROVED OPENING].

Requested response date: [DATE / TIME / TIME ZONE]. State whether this is only a settlement-offer term or is tied to a verified policy or legal deadline: [SOURCE / ANALYSIS].

I. PRESERVATION OF EVIDENCE NOTICE

Because a claim or proceeding concerning this collision is [PENDING / REASONABLY ANTICIPATED], Claimant requests preservation of relevant information within the recipient's possession, custody, or control, including the following targeted categories where applicable:

☐ The insured vehicle and all of its components
☐ Electronic Control Module (ECM) / Event Data Recorder (EDR) / "Black Box" data
☐ Photographs of all vehicles involved
☐ Repair estimates and invoices
☐ Dash camera or surveillance footage
☐ Relevant cellular-phone or location data of [IDENTIFIED PERSON], within the verified preservation scope
☐ Complete claims file, including all adjuster notes and recorded statements
☐ Any prior claims involving your insured or the insured vehicle
☐ Insured's driving history and DMV records
☐ Toxicology or blood alcohol test results (if applicable)

This request does not decide the existence or scope of a preservation duty, discoverability, privilege, proportionality, admissibility, or any remedy. Insert a remedy statement only after counsel verifies the governing standard and facts: [AUTHORITY / ANALYSIS].

II. STATEMENT OF FACTS

A. The Collision

On [Date of Accident], at approximately [Time], our client was [describe client's activity - e.g., "lawfully operating their [Year, Make, Model] vehicle [direction] on [Street Name] near the intersection with [Cross Street] in [City, State]"].

At that time, your insured, [DRIVER NAME], was operating a [Year, Make, Model] vehicle. Describe the observed conduct without inserting a legal conclusion: [FACTS, WITNESS SOURCE, AND EXHIBIT].

Describe the collision mechanics and the claimed connection to injury or loss, identifying the supporting evidence and any dispute: [FACTS / MEDICAL OR EXPERT SUPPORT / EXHIBITS].

[Include additional relevant facts: weather conditions, road conditions, witness observations, police response, etc.]

B. Police Investigation

[Police Department Name] responded to the scene and prepared Traffic Crash Report No. [Report Number]. State only the report's verified contents, disposition, and permitted use: [DETAILS / AUTHORITY IF LEGAL EFFECT IS ASSERTED].

[If no citation, state only the verified fact and avoid assigning legal effect to the absence of a citation unless counsel has confirmed the governing evidentiary and liability rules.]

C. Emergency Response and Treatment

[Describe immediate aftermath - e.g., "Our client was transported by ambulance to [Hospital Name] where [he/she] was evaluated and treated in the Emergency Department for [injuries]. Emergency records document [describe findings]."]

III. LIABILITY AND FAULT-ALLOCATION DRAFTING RECORD

A. Verified Liability Theory

Proposed letter language approved by counsel: [________________________________]

Do not use a generic negligence-elements paragraph. The selected jurisdiction, defendant, roadway, vehicle, claim type, and asserted statutory violation may change the duty, standard, proof, presumptions, defenses, or available remedy.

B. Traffic Statute or Negligence-Per-Se Theory — Optional

Complete only if counsel verifies the exact current traffic provision and the jurisdiction's treatment of its violation.

• Exact provision and operative text: [________________________________]
• Protected class and harm analysis, if required: [________________________________]
• Evidentiary or liability effect of violation: [________________________________]
• Excuse, causation, and defense analysis: [________________________________]
• Approved demand language: [________________________________]

Do not state that a citation, charge, or statutory violation automatically establishes civil breach or leaves only causation and damages unless controlling law supports that result.

C. Comparative or Contributory Fault

• Current fault-allocation authority: [________________________________]
• Threshold, reduction, imputation, joint-liability, and verdict-form rules: [________________________________]
• Claimant conduct alleged by any party: [________________________________]
• Evidence supporting or rebutting allocation: [________________________________]
• Approved demand language: [________________________________]

Do not use a state-list shortcut, an “even 1%” formula, or a 50%/51% label without reading the current controlling rule and applicable exceptions.

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

Claimant reports the following injuries and contends they are related to the collision. Identify the supporting provider, record, chronology, and causation opinion for each item; do not present a medical or legal causation conclusion beyond the evidence.

Primary Diagnoses:
☐ [Diagnosis 1 - e.g., "Cervical strain/sprain (whiplash injury)"]
☐ [Diagnosis 2 - e.g., "Lumbar disc herniation at L4-L5"]
☐ [Diagnosis 3 - e.g., "Left shoulder rotator cuff tear"]
☐ [Diagnosis 4 - e.g., "Post-traumatic headaches"]
☐ [Diagnosis 5 - e.g., "Post-traumatic stress disorder (PTSD)"]
☐ [Additional diagnoses as applicable]

B. Chronological Treatment Summary

1. Emergency Treatment - [Date]

Provider: [Hospital/Emergency Department Name]
Treatment: [Describe emergency treatment]
Findings: [Describe diagnostic findings, imaging results, etc.]

2. Primary Care Follow-Up

Provider: [Physician Name, Practice Name]
Dates of Treatment: [Date range]
Treatment: [Describe treatment]
Recommendations: [Describe referrals, restrictions, etc.]

3. Specialist Treatment

[Orthopedic/Neurological/Chiropractic/Physical Therapy - as applicable]

Provider: [Specialist Name, Practice Name]
Dates of Treatment: [Date range]
Treatment: [Describe treatment modalities, procedures, etc.]
Progress: [Describe patient's response to treatment]

4. Diagnostic Imaging

☐ X-rays: [Date, findings]
☐ MRI: [Date, findings]
☐ CT Scan: [Date, findings]
☐ EMG/NCV: [Date, findings]

5. Surgical Intervention (If Applicable)

Procedure: [Describe surgical procedure]
Date: [Date]
Surgeon: [Surgeon Name]
Outcome: [Describe outcome and recovery]

C. Prognosis and Future Medical Needs

[Describe treating physician's prognosis and any future treatment recommendations]

Our client's treating physician, [Dr. Name], has opined that our client [describe prognosis - e.g., "has reached maximum medical improvement but will require ongoing pain management," "will require future surgery," "will have permanent limitations," etc.].

Future Medical Expenses (If Applicable):

Based on the opinions of our client's treating physicians, our client will require the following future medical care:

V. DAMAGES

Include a category below only after counsel confirms that it is legally recoverable on the selected claims and supported by admissible or otherwise appropriate evidence. Distinguish amounts billed, paid, adjusted, outstanding, reasonably necessary, projected, and recoverable as the governing law requires.

A. Medical Expenses (Specials)

B. Lost Wages and Loss of Earning Capacity

Our client was unable to work from [Start Date] through [End Date], a period of [Number] weeks/months. Our client's employment records establish the following lost income:

[If permanent impairment affecting earning capacity:]

Furthermore, due to the permanent nature of our client's injuries, [he/she] has suffered a diminution in earning capacity. Based on our client's work-life expectancy, this loss is calculated at $[Amount].

C. Property Damage

D. Pain and Suffering / Non-Economic Damages

Our client has endured tremendous pain and suffering as a result of this collision, including but not limited to:

Physical Pain and Suffering:

• [Describe specific pain experiences]
• [Describe limitations on physical activities]
• [Describe sleep disturbances]
• [Describe need for pain medication]

Emotional Distress:

• [Describe anxiety, depression, PTSD symptoms]
• [Describe fear of driving or being in vehicles]
• [Describe impact on relationships]

Loss of Enjoyment of Life:

• [Describe specific activities client can no longer enjoy]
• [Describe impact on hobbies, recreation, social life]
• [Describe impact on family activities]

Loss of Consortium (If Applicable):

• [Describe impact on marital relationship]

E. Summary of Damages

VI. SETTLEMENT DEMAND

A. Demand Amount

Subject to the release, allocation, lien, confidentiality, payment, and other settlement terms stated in [ATTACHED TERM SHEET / SECTION], Claimant offers to resolve [IDENTIFIED CLAIMS AGAINST IDENTIFIED PARTIES] for $[DEMAND AMOUNT].

[ALTERNATIVE - Policy Limits Demand:]

After reviewing the complete policy, verified limits, other claimants, conditions, liens, and governing settlement law, counsel may insert an approved limits demand here: [APPROVED LANGUAGE].

B. Time Limit for Response

Requested acceptance deadline: [DATE / TIME / TIME ZONE].

State the contractual or legal significance of that date only after counsel verifies the current authority, policy provisions, required information and releases, delivery method, reasonableness factors, withdrawal rules, and consequences of nonacceptance: [SOURCE / ANALYSIS / APPROVED LANGUAGE]. Otherwise describe it only as an offer term.

C. Documentation Enclosed

The following documents are enclosed in support of this demand:

☐ Medical records and bills from all treating providers
☐ Itemized billing statements
☐ Police/Traffic Crash Report
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Employment records/Wage verification
☐ Employer verification of lost wages
☐ Signed medical authorizations (HIPAA)
☐ Prior medical records (if relevant to pre-existing conditions)
☐ Expert reports (if applicable)
☐ [Other supporting documentation]

VII. RESPONSE INSTRUCTIONS

Please direct your response to the undersigned at the address above. Any settlement check should be made payable to "[Client Name] and [Firm Name], Attorney Trust Account" and forwarded to our office.

If you wish to discuss this matter, please contact me directly at [Phone Number]. I am available for a phone conference or an in-person meeting to facilitate resolution.

If the matter does not resolve, Claimant will evaluate the next step under the completed deadline, forum, prerequisite, and remedy profile. Do not promise immediate filing or predict a jury result unless counsel has approved that case-specific statement.

VIII. CONCLUSION

Claimant requests that the recipient evaluate the enclosed evidence and the fact-supported contentions stated in this letter. Identify disputed liability, causation, damages, coverage, or settlement terms accurately; do not characterize them as indisputable or predict a verdict without a documented, counsel-approved basis.

I urge you to give this matter your prompt and serious attention. Early resolution benefits all parties.

Thank you for your attention to this matter. I look forward to your response.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
[State Bar Number]
Attorney for [Client Name]

ENCLOSURES:
[List all enclosed documents]

cc: [Client Name] (via email)
[File]

PRE-SUBMISSION CHECKLIST

Before sending this demand, verify the following:

☐ Controlling-law, policy, deadline, and settlement-term profile completed from current sources
☐ Every legal proposition and requested consequence has a cited, reviewed authority
☐ All medical records and bills have been obtained and reviewed
☐ Treatment status and the strategic reason for sending now have been reviewed
☐ All liens have been identified and quantified
☐ Statute of limitations has been calculated and verified
☐ Policy limits have been confirmed (or limits discovery has been conducted)
☐ Comparative/contributory negligence analysis completed
☐ State-specific requirements reviewed (time-limited demand rules, etc.)
☐ Client has approved demand amount
☐ All supporting documentation copied and organized
☐ Delivery method satisfies the policy, offer terms, and any controlling rule

This is a non-operative drafting worksheet. Do not send it until qualified counsel has completed the source profile, approved every assertion and term, and removed all instructions and unsupported alternatives.