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Personal Injury Demand Letter

By Serdar Arslan, editor · Last reviewed · How we research

An injury demand letter asks the at-fault driver's insurer to pay a specific amount to settle your bodily injury claim. It is usually sent after you have finished treatment, or after your doctor says you have reached maximum medical improvement, so you know the full cost. Sending it too early can leave out treatment you still need.

The money fields are designed to match this site's tools. Use the Medical total from the accident expense tracker, the result of the lost wages calculator, and the tracker's remaining categories (mileage, prescriptions, equipment, help at home) for other costs. The pain and suffering amount is a number you choose and should be able to explain; the pain and suffering guide covers how people think about it.

Send only what is relevant. Attach the bills and the records for treatment of your crash injuries, not your whole medical history. Do not sign a blanket medical authorization; you can offer the related records instead. If you have Medicare, Medicaid or a health plan that paid your bills, they may have a right to be repaid from a settlement, so check that before you agree to a number. A demand letter does not stop the statute of limitations, so if the deadline is close, talk to a lawyer about filing suit.

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[Your full name]
[Your mailing address]
[Your phone number]
[Your email address]

[Date of this letter]

[Adjuster name]
[Insurance company name]
[Insurance company address]

Re: Bodily injury claim
Claim number: [Claim number]
Your insured: [Insured driver's name]
Date of accident: [Date of the accident]

Dear [Adjuster name]:

I am writing to present my bodily injury claim arising from the crash on [Date of the accident] at [Accident location (street, city, state)] (police report [Police report number]), and to make a demand for settlement.

What happened
[What happened (facts only)]

Responsibility
[Why your insured is responsible]

My injuries
[Injuries diagnosed]

Treatment
[Treatment received (providers and dates)]

Current condition and effect on my life
[Your current condition and how the injuries affected daily life]

Damages
  Medical expenses:                 [Medical bills total (expense tracker: Medical)]
  Lost wages:                       [Lost wages total (lost wages calculator result)]
  Other out-of-pocket costs:        [Other out-of-pocket costs (mileage, prescriptions, help at home)]
  Pain, suffering and inconvenience: [Pain and suffering amount you are requesting]
  Total demand:                     [Total demand]

The enclosed records and bills relate to treatment for the injuries described above. I am providing them for the purpose of evaluating this claim only. I do not authorize the release of any other medical records, and I ask that you contact me before requesting records from any provider.

Please confirm the bodily injury liability limits that apply to this claim and respond to this demand in writing by [Requested response date]. If you believe any item is not supported, please identify it and the information you need.

This letter is an offer to settle my bodily injury claim for the amount stated. It is not a release, and no settlement exists until a written agreement is signed.

Enclosures: [Enclosures]

Sincerely,


[Your full name]

Tips

  • Wait until treatment is finished, or your doctor says you have reached maximum medical improvement, before sending the demand.
  • Use itemized bills that show the full amount charged, and keep a separate list of what health insurance, MedPay or PIP paid.
  • Send records only for crash-related care. If a record mentions unrelated history, ask the provider whether a limited copy is available, or talk to a lawyer before redacting anything.
  • If Medicare paid any of your bills, report the claim to Medicare's Benefits Coordination & Recovery Center before you settle so you know what must be repaid.
  • Be ready to explain your pain and suffering figure with specifics: missed events, sleep, work, family duties, and how long it lasted.
  • Check your filing deadline with the statute of limitations calculator. Negotiating does not pause it.
  • Read the release carefully before you sign anything the insurer sends back.

Sending it and keeping proof

Keep a copy of everything you send. If a deadline or a response time matters, send letters by a method that gives you proof of delivery, such as certified mail with a return receipt, or email with a read receipt, and note the date in your claim file. Many insurers and agencies also accept uploads through an online portal, so save the confirmation screen or email.

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