Results 1 to 5 of 5
  1. #1
    Join Date
    Dec 2006
    Posts
    2

    Default Demand to Insurance Company for Settlement of an Accident Claim

    Dear Adjuster,
    On August 2, 2005, my 1999 Chevrolet Venture was struck by your insured, Mrs. Dís Chrysler minivan, on Northbound Route 31 across from St Maryís Church in Mchenry Illinois when Mrs. D failed to stop for construction traffic that had come to a halt. Her carís front end hit my rear bumper causing $1722.40 in property damage, paid by your company. My seatbelt was on and my son was properly restrained in his carseat. Mrs. D admitted fault at the scene, the police were called and no tickets were issued.

    My injuries were not such that I felt the need to go to the hospital by ambulance. I chose to seek chiropractic care for myself and my 21 month old son that was in the car at the time of the accident. My injuries were to my neck, right arm and soft tissue in my neck and upper back. I was sent home, with orders to put ice and rest for a few days.

    I was scheduled to move to California to start a new job on August 9, 2005. Due to my injuries I missed 31 hours of work at (name of employer) where I waitressed. During this time I had follow up treatment with my doctor J. I was having severe pain in my neck and right arm. Dr. J advised against driving cross country, but I had nowhere to stay, and my new job was in jeopardy. My mother, S offered to drive to California with me, allowing me to rest more during the trip. As a result, she had to purchase an airline ticket back to Chicago.

    My medical bills totaled $6274.00
    Airline ticket back to Chicago for my mother: 259.20
    I have lost wages in the amount of $ 465 (31 hours at average $15/hr)

    As a result of being hit by Mrs. Dís van, I had to be under a Drís care in California as well. This created hardship for myself and my three sons, I had several appointments a week with Dr A, causing me to lose two child care providers. The stress of the situation became too much to deal with and we moved back to Illinois so I could have more help with my children. Had I not been in pain on a daily basis, I would not have chosen to break my lease and move my children across the country for a second time.
    Total bills come to $6988.20.

    I have had considerable pain and suffering as a result of this accident and continue to suffer from neck and back pain. I demand settlement of my claim in the amount of $10500.00. Please respond to this demand with an offer to settle within 15 days.
    Thank you.
    Sincerely,


    My question to you..the members is this...Is my demand for too much? I received the initial offer from the insurance company today, they are offering to pay my medical bills and give me a check for $1250. Nothing was said about my mother's plane ticket, they will only pay me my hourly wage of $5 an hour since I was working as a waitress at the time of the accident. I would rather not get a lawyer (call me stingy!) The adjuster also told me that the case was reviewed and the reviewer determined that my treatment should have been discontinued after 16 weeks (I was under dr's care for 10 months). To me $1250 is almost an insult after all of the havoc this accident wreaked on my life.

    Anyone got any advice? How does my demand letter look?

  2. #2

    Default Re: Please read and give me your input

    Sounds to me like you need to get a lawyer, and when it is all said and done, make them also pay for your lawyer fees.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Please read and give me your input

    Having demanded $10,500, you have set an upper limit on your recovery, which the insurance company will view as a starting point for negotiation. They will not, and will never, compensate you for a wage loss at a rate above what you were actually earning. I doubt that they will agree to pay your mother's airfare. But really, you're negotiating for a bottom-line figure so don't get bogged down in the details.

    You've demanded $10,500. They've countered with $8,238.30, and have more or less informed you that if you litigate they will seek to avoid paying the majority of your medical bills. I doubt the insurance company will come up significantly from its current offer. If that's not acceptable to you, as was suggested, consult a lawyer to see if there is any reasonable chance of getting a better recovery through a law firm.

  4. #4
    Join Date
    Dec 2006
    Posts
    2

    Default Re: Please read and give me your input

    Quote Quoting Mr. Knowitall
    View Post
    Having demanded $10,500, you have set an upper limit on your recovery, which the insurance company will view as a starting point for negotiation. They will not, and will never, compensate you for a wage loss at a rate above what you were actually earning. I doubt that they will agree to pay your mother's airfare. But really, you're negotiating for a bottom-line figure so don't get bogged down in the details.

    You've demanded $10,500. They've countered with $8,238.30, and have more or less informed you that if you litigate they will seek to avoid paying the majority of your medical bills. I doubt the insurance company will come up significantly from its current offer. If that's not acceptable to you, as was suggested, consult a lawyer to see if there is any reasonable chance of getting a better recovery through a law firm.

    Hello,
    I actually haven't demanded anything yet. They made their initial offer, and I want to use this letter to counter their offer. I think even the adjuster didn't expect me to accept the offer. I really just wanted input to see if this letter was effective and clearly states what I want. I told the adjuster I would be in contact in a few days after I had time to think about it.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Please read and give me your input

    If their first offer is $8,300, they're probably expecting to settle it for somewhere between $10,000 and (most optimistically) $16,000. But focus on damages they will pay, not claims for wages above and beyond what you were earning at the time of the accident or your mother's plane ticket. Realize that your counter-offer will not be accepted, but will be the starting point for downward negotiation. Realize also that their tactic will likely be (a) to insist that they don't have to give you more and aren't going to give you more, and (b) will make counter-offers only marginally above what they previously offered. (e.g., you ask for $14,000, they come back at $8,400. You ask for $13,000, they come back at $8,450. etc.) They do this for a living, and they will do their best to keep the amount low.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: Insurance Company Just Made a Settlement Offer
    By no1texan in forum Accidents and Injuries
    Replies: 7
    Last Post: 08-19-2011, 11:24 AM
  2. Health Insurance: Health Insurance Company Wants Reimbursement from Accident Settlement
    By justjim95 in forum Insurance Law
    Replies: 1
    Last Post: 08-01-2011, 07:41 AM
  3. Auto Insurance: Will the Insurance Company Pay a Settlement
    By Bilaltq in forum Insurance Law
    Replies: 2
    Last Post: 03-29-2010, 04:52 PM
  4. Home Insurance: Insurance Company's Demand for Releases from Claimant
    By anna09 in forum Insurance Law
    Replies: 3
    Last Post: 02-05-2009, 04:06 PM
  5. Debt Collectors: Chiropractor's Unreasonable Claim Against Accident Settlement
    By MissIchigo in forum Debts and Collections
    Replies: 3
    Last Post: 07-11-2007, 09:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources