1
Introduction
Provide a brief 2-3 sentence introduction of who you are, the date of the incident or accident, and a statement that this letter contains your demand for payment with supporting evidence.
2
Background of Claimant
Add 1-2 paragraphs stating the age, education and profession of the claimant, as well as any community service, volunteer work, etc. Paint the picture that the claimant is a good and honorable person.
3
Liability
In 2-3 paragraphs, state the facts giving rise to the insurance claim and describe why the insurance policy or insured under the policy is liable or responsible to pay for your damages.
4
Damages
Separate property and medical damages, and itemize and sum total each aspect of your damages, such as medical bills, medications, auto repair bills, or other proof that you actually incurred out-of-pocket expenses or that there is an estimate from an expert or professional that you will incur out-of-pocket expenses. Consider retaining an attorney so that he or she can research your claims and assess all damages to which you might be entitled. You need to reference and attach as numbered exhibits each bill or estimate on which you are basing your expenses.
5
Demand for Money
Using the grand total of your out-of-pocket expenses and other damages available at law, either state a specific sum for which you will settle your case, or a range of what you believe your case is worth. State that the costs of litigation and the inconvenience of a lawsuit make settlement mutually beneficial. Do not overstate your damages. Many claimants get "pie in the sky" syndrome, and think their claim is a pot of gold. It is not, and my recommendation is to discount what you believe the case is worth to an amount that will give the insurance company the incentive to settle the case before a suit is filed.
6
Deadline
End the demand with a deadline for an offer of settlement from the insurance company. For example, state something to the effect of, "If no written offer is received within two weeks from the date of this demand letter, we will file suit."
7
Certified Mail, Return Receipt Requested
Send the demand via certified mail, return receipt requested. Make sure to retain the green return card as proof that the insurer received the demand. Good luck!
