Keys to an Effective Car Accident Demand Letter

Florida has some of the most dangerous roads in the country. The rapid increase in population over the past 30 years is another contributor to the high number of accidents. Thanks to its reputation as a tourist destination, Orlando’s roads are jammed with vehicles.

If you were hurt in an accident, you’ll benefit from having an experienced Orlando car accident attorney by your side. JustCallMoe! Our experienced Orlando car accident lawyers can investigate, draft a car accident demand letter, and negotiate a favorable settlement with the at-fault driver’s insurance carrier. Contact us today.

How to Win Compensation

Anyone hurt in a motor vehicle crash should seek compensation for their out-of-pocket losses.

Currently, Florida requires that drivers carry no-fault personal injury protection benefits, called PIP.

These benefits pay for a portion of medical care and lost wages, up to the policy limit.

However, if you suffer a “serious injury,” you can step outside the no-fault system and file a claim against the defendant who is at fault for pain and suffering, along with other damages. See Florida Statute § 627.737.

Once we investigate, we can submit a car accident demand letter to kick off negotiations. This letter should explain why the other driver was negligent, i.e., did not drive with reasonable care:

• Speeding
• Driving while distracted
• Falling asleep behind the wheel
• Making an illegal turn or U-turn
• Passing illegally
• Merging with insufficient room

Often, the insurance company quickly rejects our offer and makes a counteroffer. We go back and forth to reach a fair settlement.

JustCallMoe today! The longer you wait, the more evidence will disappear and the harder it is to get the financial compensation you deserve. We can help document the collision and secure critical information, including the names of witnesses.

Car Accident Demand Letter Examples

The demand letter for car accidents is what starts negotiations. Each letter is unique, but they have common elements:

• Description of the accident. We provide enough supporting evidence to show that the other driver was at fault for the collision. We might refer to witness statements, the police report, and any statements the other driver made.
• Explanation of our client’s injuries. Car accident cases are complicated because a person is injured. If there were no injuries, then it would be much easier to negotiate a settlement for simple property damage. We can explain what injuries our client suffered. We might also attach medical records, such as X-rays which show a broken bone.
• Itemized list of financial losses. Losses include emergency medical care, rehabilitation, prescription drugs, lost income when you cannot work, and car repairs. We request that the other side pay these damages.
• Explanation of your bodily pain and emotional distress. We can also receive compensation for general damages, including pain and mental suffering.
• Specific demand for compensation. This is what the letter has been building toward: an explicit demand that the other side pay a specific amount to settle the case. If they won’t agree, we explain what other steps to take, such as filing a lawsuit.
• Deadline. We also give the other side a clear deadline for responding. We need to give them enough time to investigate on their own—but not too much time.

At JustCallMoe, we’ve settled all types of car accident cases, from fender benders to rollovers and multi-vehicle pileups. There is an art to creating the right car accident demand letter.

Each demand letter for a car accident is a little different and should be adjusted based on the facts. Avoid “templates” and fill-in-the-blank examples found online, since those might not be ideal for your case. Hire an experienced Orlando car accident lawyer to create one that works for you.

What Evidence is Useful in Car Accident Negotiations?

To win a case, we need to do more than make a bald accusation that another driver is at fault for the collision. Instead, we support the car accident demand letter with specific pieces of evidence.

As the accident victim, you can strengthen your case by preserving certain evidence at the scene:

1. Speak with anyone who saw the crash. These witnesses can provide their insight into what happened, which helps us determine fault. For example, someone standing on the sidewalk could have seen a driver run a red light and smash into you. Ask each witness for their name and a way to contact them.
2. Take pictures of the vehicles. These pictures will show the state of the cars immediately after the collision. Zoom in to show the dents and crumpled fenders.
3. Report the accident to the police. An officer should come to the scene and create a police report. This report should contain critical information for beginning a claim. An officer can also investigate if you suspect the other driver is intoxicated or high on drugs.
4. Document any road hazards which you think contributed to the accident. For example, a tree branch could lie in front of a stop sign, or a big pothole caused you to lose control.
5. When finished at the scene, go to the hospital for medical treatment. We also need to document your bodily injuries to win a car accident case.

Call Our Orlando Car Accident Lawyer Today

Were you injured in any type of Orlando car accident? JustCallMoe to secure experienced legal help today!