Dear [insurance adjuster]:
I am writing in an attempt to settle my motorcycle accident claim against your insured, Richard Williams, with respect to injuries that I suffered on September 2, 2016, when his vehicle collided with my motorcycle.
I was driving through the intersection of 5th Ave. and Washington St. in Anytown on that date at around 2:00 PM, when Mr. Williams drove through a stop sign and collided with my motorcycle. It was not a 4-way stop sign. He had the stop sign. I had the right of way. I had no stop sign.
His vehicle hit my bike on the left side, and the impact knocked my bike and me over. I broke my right arm when I hit the ground and had various other bruises and scrapes.
After the accident, Mr. Williams stopped at the scene, got out, and helped me until the police and ambulance arrived. He said that he was sorry, but didn’t explain how he managed to go through a stop sign. I didn’t notice what he was doing in his car, or what he was looking at before the accident. Maybe he was texting or on the phone. I don’t really know. But there is no doubt that he went through the stop sign. As the policeman was helping me, he told me that he gave Mr. Williams a ticket for failure to stop at a stop sign. (Learn more about traffic tickets and fault for a car accident.) Whatever the reason for your insured's inattention, his failure to obey a clearly-marked stop sign amounts to obvious negligence.
At the hospital, the ER physicians gave me an x-ray and concluded that I had broken my right upper arm. They put me in a cast and gave me the name of an orthopedist. They also tended to my bruises and scrapes and made sure that nothing else was broken.
I saw the orthopedist a couple of times over the next two months. He took off the cast after about six weeks. He actually had to change the cast after two weeks because he had taken some x-rays and didn’t like how things were looking in there. After he removed the cast for good, he recommended that I go to physical therapy for two or three weeks in order to regain strength and flexibility in my arm, and I did that. I went to p/t for three weeks, and then did the exercises at home for another three weeks. I feel that I have now fully recovered from this incident.
I took off a week of work after the accident to recover and recuperate. I am an office administrator at an accounting firm. They were very gracious and accommodating to me, and paid me for that week. Accordingly, I do not have a lost earnings claim.
It was a little difficult to get my work done with a cast on my right (dominant) arm, but I was able to do it. It was similarly difficult to do household chores, as you can imagine. And certainly it was a hassle every morning to have to wrap my arm and cast in a plastic bag before taking a shower.
I incurred $9,000 of medical bills from this incident as follows:
- Anytown Hospital $5,000
- Dr. Johnson (orthopedist) $2,000
- Anytown physical therapy $2,000
I have attached copies of my medical records and bills relating to this incident. My health insurance company has paid these bills, and has sent me notice of its lien in the amount of $4,500 on this case. I have attached a copy of this notice.
Given that your insured is absolutely liable for the accident, I demand $35,000 to settle this case. Please advise as to your position on this matter. If I don't hear from you in three weeks, I'm prepared to turn this matter over to a personal injury lawyer.