Key points
- A demand letter sets the frame for the whole negotiation.
- Lead with facts and documents, not emotion.
- Open above your target so you have room to move.
A demand letter is your written case for settlement. Done well, it tells the adjuster you understand your claim and have the records to prove it.
When to send it
After you finish treatment or reach maximum medical improvement, so you know the full cost, and well before your filing deadline. Sending it too early can leave money on the table.
What to include
- Header: your name, the adjuster, the claim number, the insured’s name and the accident date
- What happened: two or three factual sentences showing why their insured was at fault
- Injuries: the diagnoses from your medical records
- Treatment: providers, procedures and the length of care
- Damages: an itemized list of medical bills and lost income, with copies attached
- Impact: how the injury affected work, sleep, family life and activities
- Demand: a specific amount and a date to respond, often 30 days
Setting the number
Start from economic damages, add pain and suffering using a multiplier that fits your injury, and open toward the high end of the range. Insurers rarely pay more than the demand, so an opening number that is too modest caps the outcome.
What to leave out
- Any admission of fault or apology for the accident
- Medical history unrelated to this injury
- Guesses about diagnoses your doctors have not made
- Threats or anger
Send it so you can prove it
Email it and send a copy by certified mail. Keep copies of everything you attach.
Draft yours with the demand letter generator.