- October 8, 2024
- Tucker Law
- Car Accident Lawsuits
Whether you live in one of the most populated boroughs of NYC or you call the suburbs your home, you’re at risk for a car accident whenever you get behind the wheel. Driver errors, poor road conditions, and a number of other problems can lead to collisions, and these collisions are often devastating. You could end up with a totaled car and injuries that prevent you from living your life as you want to.
After a collision, you could pursue a no-fault claim as well as a fault-based claim, depending on the losses you’ve suffered. Filing a personal injury claim against the other party allows you to recover both economic and non-economic losses, but it does require proving negligence and negotiating with the defendant’s insurer. One of the tools that you and your car accident lawyer can use to achieve this is a settlement demand letter.
At Tucker Lawyers, we can help you recover damages after suffering injuries and other losses in a car accident. Learn more about what a settlement demand letter is and what components can make one effective.
Speak with a car accident lawyer by calling us at (516) 399-2364.
What Is a Car Accident Settlement Demand Letter?
A car accident settlement demand letter is a tool that you or your lawyer can prepare and send to the at-fault party’s insurance company. It explains the damage that your car sustained and requests compensation to have it repaired or replaced. It also outlines the injuries you suffered, the extent of your medical treatment, and the impact of the accident on your life.
This letter is one step on the road toward a settlement. It kicks off negotiations and demonstrates your intent to pursue full compensation. In the letter, you explain your claim to the other party and offer evidence that shows you deserve compensation for what you’ve suffered. Your goal in writing it is to be made financially whole without filing a civil lawsuit and going to court.
Because of the importance of demand letters, they’re never something you want to tackle on your own. By hiring a car accident lawyer to send the letter, you show the insurance company that you have legal representation, which may speed up the negotiations and help you achieve a fair settlement.
Components of a Car Accident Settlement Demand Letter
What You Must Include to Help Your Claim
You have to include everything that could help the insurer make a decision on your case. This means adding:
- A heading that identifies all parties involved, including you
- The claim number and insurance policy number
- A summary of the accident, including the location, date, and time when it occurred
- A discussion of your injuries, including the necessary treatments and whether they will leave you with permanent medical issues or disabilities
- A legal reason why the other party is liable for what you’ve suffered, like negligence
- An explanation of the losses you’ve sustained, both economic and non-economic
- What you’re willing to accept to settle the claim.
You will need to provide evidence of everything you’re claiming. For example, to demonstrate the damage your car sustained, you can present repair bills.
At Tucker Lawyers, we helped a client recover a $1.3 million settlement after a car accident.
Tips for Writing an Effective Settlement Demand Letter In New York
To give yourself a stronger chance to recoup your losses, remember these tips for writing a settlement demand letter from our New York car accident lawyers.
Ensure the Letter Looks Professional
The settlement demand letter must be typed. Choose a legible font and a standard size so that it’s easy to read. To emphasize details, you can use bold print or italics, or you can underline the sentences you want insurers to pay close attention to. Don’t overuse this effect, however. Instead, emphasize only the most crucial facts that you want the adjuster to know.
The letter should also sound professional. Be polite and don’t personally attack the other party. Avoid overly emotional language; instead, stick to the facts. You don’t want to provoke a dismissive or angry response. Also, don’t include language that can make it seem like you were partly at fault. Even though New York follows pure comparative negligence laws, which state that you can still recover damages even if you were 99% at fault for the collision, your settlement can be decreased by your percentage of fault.
Keep It Short and to the Point
Insurers receive a large number of settlement letters, and they don’t have time to read pages and pages of details on a single incident. Include all pertinent facts, but leave out anything that isn’t essential. While you shouldn’t exaggerate your losses, you should include anything that makes your case unique. For example, if you’re an athlete and your injuries prevent you from doing what you love, it can help to mention that in your letter.
Be Reasonable About Your Demands
Ask for what your claim is worth — within reason. Often, it’s better not to mention a specific number unless you’re asking for the policy limit. There are very specific guidelines that insurers follow regarding damages, so only your car accident lawyer should put an actual value on what you’ve suffered.
One of the most difficult aspects of settling is putting a price on non-economic losses like pain and suffering. This is something that your lawyer should do for you. Or you and your lawyer might allow the insurer to make the first offer and continue the negotiations from there.
Set a Deadline
This tip comes with a caveat. It’s important to set a deadline — but only if you intend to follow through with it. If you state that you expect a response within a month or you’ll file a lawsuit, you must be ready to file that lawsuit once the deadline passes. If you don’t, the insurer won’t take you seriously as you continue negotiations.
When setting a deadline, consider what’s reasonable. If your claim is very complicated, give the insurer a bit more time to consider it. For many claimants, the best option is not to set a deadline but to follow up with the insurer after a month passes. If you don’t receive a response, you need to hire a lawyer to help you. The insurer might be intentionally ignoring your letter in order to frustrate you into giving up your claim. It may also try to run out the clock on the statute of limitations so that you no longer have the right to receive damages.
Use Certified Mail
When you send the letter, use certified mail to ensure that you know the insurance company received it. Request a return receipt. You also want to keep copies of all of your correspondence with the insurer. If you use email at any point, save that, too, so that you have evidence later on.
Turn to an Experienced Personal Injury Lawyer
It is always a good idea to hire a personal injury lawyer to write a settlement demand letter for you. Your lawyer will maintain the professional tone needed and will know how and when to follow up on the letter. This not only saves you time but also makes it easier for you to focus on healing from the injuries you suffered.
What Happens After I Send a Settlement Demand Letter?
In most cases, the insurance company will respond to a settlement demand letter within a few weeks. Negotiations can then begin in earnest. Remember that insurance companies will generally want to settle a claim instead of going to court.
If the insurance company doesn’t respond to your letter, you do have options. Crucially, you can ask a lawyer to help you follow up on your claim. You will need to be persistent and know your rights. By having a lawyer beside you, you can show the insurer that you’re not going to stop pursuing your claim.
Don’t forget that there are statutes of limitations you need to follow. If you don’t file your claim in time, you won’t be able to recover any damages. That’s another reason to have a lawyer helping you, since they won’t allow the deadline to pass.
Contact Tucker Lawyers to File a Claim After a Car Accident
Rely on Experienced Representation
After a car accident, you have the right to file a claim to recover damages. This isn’t something that you want to handle on your own, however. With experienced New York car accident lawyers, you have a stronger chance of recovering fair compensation.
At Tucker Lawyers, we have decades of experience helping the people of New York — and we can help you, too.
Contact our team at (516) 399-2364 to schedule a free consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]