Personal Injury

Sample Rear-End Car Accident Demand Letter

By David Berg, Attorney
A demand letter is your best chance to frame your case for a fair settlement with the other driver's insurance company. Here's what a demand letter might look like in a rear-end car accident injury claim.

Dear [insurance adjuster]:

I am writing in an attempt to settle my claim against Mark Jones with respect to his causing a rear-end collision with my vehicle on January 12, 2016, on Main St. in Anytown.

I have finished my medical treatment, and so I am enclosing all of my medical records and bills related to this claim. I am also enclosing photographs of the accident scene, and of the damage to Mr. Jones's car and to my own vehicle. (Learn more about steps to take after a car accident.)

As you know, I was injured when Mr. Jones, your insured, rear-ended my car. Mr. Jones was driving at about 20 MPH as I was sitting at a red stoplight on Main Street (at the intersection of Seventh Avenue). I saw Mr. Jones's vehicle approaching in my rear-view mirror, but there was nothing I could do to avoid the accident. I saw Mr. Jones looking down while driving, and I assume that he was texting or otherwise using his phone. Because this is a rear-end collision, there should be no issue as to your insured’s liability.

As a result of this accident, I suffered a neck and thoracic (mid-back) injury. I went to my primary care doctor the day after the crash, and she diagnosed me with cervical and thoracic sprain and strain. She recommended rest for a week, and then physical therapy for three weeks to strengthen my bruised and damaged muscles.

I rested as instructed, and stayed out of work for a week. I also followed up with the physical therapy at Anytown Rehabilitation. I went four times a week for three weeks, and also did exercises at home. I have continued doing the exercises at home even today, as they are very helpful in clearing up my lingering symptoms from this accident.

As a result of your insured’s clear negligence in rear-ending my stopped vehicle, I lost a week of work. I earn $20 per hour as a landscaper, and work full time. Adding that up, I lost $800 in earnings. I also incurred $4,000 of medical and physical therapy bills ($250 from my primary care provider and $3,750 for the physical therapy). Unfortunately, I do not have health insurance, and so I owe the entire amount. (Learn more about who pays medical bills in a personal injury case.)

I also missed a snowmobiling trip with my family, which we had planned for six months. The trip was from January 14 through January 18. I am sure you will agree that the last thing I should after a car accident is spend hours a day snowmobiling on bumpy trails through the woods. Accordingly, I lost the $600 down payment for the hotel and the snowmobile rentals, not to mention missing four days of fun with my extended family. I think it's more than appropriate to ask for fair compensation for missing this special event. My total "special" damages are therefore $5,400.

I acknowledge that this is not a big case (and am grateful that it is not). Nevertheless, it is serious to me, and I demand full compensation for your insured’s negligence. This accident never should have happened, and it would not have happened if Mr. Jones had been paying attention to the road.

Taking into account your insured’s absolute liability, and my damages in this case, I demand $19,500.00 to settle this case. I look forward to hearing from you as soon as possible, and hope to be able to settle this case without having to get a lawyer involved. But if I do not hear from you within three weeks, I will assume you have no interest in a reasonable settlement, and will turn this matter over to a qualified lawyer. (Learn more about finding and working with a personal injury attorney.)

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