Building Your Car Crash Demand File: Evidence Checklist
Building Your Car Crash Demand File: Evidence Checklist
A comprehensive guide to gathering, organizing, and presenting the documentation that maximizes your car accident injury claim
80%
of settlement value depends on documentation quality
6–8 weeks
to gather complete medical records and bills
15–20 docs
typical evidence packet for moderate injury case
Why evidence matters more than the demand letter itself
Insurance adjusters see hundreds of demand letters every month. What separates a strong claim from a weak one is not flowery language or legal threats—it is organized, credible, and complete documentation.
A well-documented demand file tells adjusters:
- This claimant is serious and prepared.
- Liability is clear; fighting this claim will be expensive.
- The injuries are real, the treatment was necessary, and the damages are provable.
- If this goes to trial, we will likely lose more than we would pay to settle now.
Rule of thumb: If you cannot prove it with documents, photos, or credible witness statements, the insurance company will not pay for it. Subjective complaints without objective evidence are routinely discounted or denied.
The three pillars of a strong demand file
Liability Evidence
Proves the other driver was at fault and you were not (or minimizes your comparative negligence). Police reports, witness statements, photos, traffic laws.
Medical Evidence
Proves you were injured in the crash, your treatment was necessary and reasonable, and your injuries caused real pain, disability, and future risk. Records, bills, imaging, doctor narratives.
Economic Loss Evidence
Proves you lost money and opportunities because of the crash. Wage loss letters, tax returns, out-of-pocket receipts, property damage estimates.
California-specific note: If your car accident happened in California, see the California car accident demand letters guide for state-specific evidence requirements, including how California’s Howell/Sanchez rules affect medical billing documentation and what you need for Government Claims Act cases.
When to start gathering evidence
Immediately after the crash. Do not wait until you finish medical treatment. Many critical pieces of evidence expire, disappear, or become harder to obtain over time:
- Scene photos and witness contact: The scene changes within hours; witnesses forget or move away
- Surveillance footage: Most businesses delete footage after 30–90 days
- Police report: Available within 7–14 days; request it early
- Your own vehicle photos: Before repairs are made or the car is totaled and sold for salvage
- Pain journal: Start logging symptoms and daily impacts within the first week; memory fades fast
Overwhelmed by the evidence-gathering process?
I help injury claimants identify what documents they need, request records from providers, and organize complete demand packages. California focus.
Email: owner@terms.law
Liability evidence: proving the other driver was at fault
Even if your injuries are serious, you will not recover much (or anything) if the insurer believes you caused or contributed to the accident. Your liability evidence package must show:
- The other driver violated a traffic law or duty of care.
- That violation directly caused the collision.
- You were following all rules and acting reasonably.
Core liability documents
- Police or crash report: Officer’s narrative, diagram, primary collision factor, citations, witness list
- Photos of all vehicles: Damage locations and severity tell the story of impact angles and speed
- Photos of the scene: Skid marks, debris patterns, traffic control devices, road conditions, weather, lighting
- Witness statements: Written or recorded accounts from people who saw the crash (not just heard it or arrived after)
- Surveillance footage: Dash cams, business cameras, Ring/Nest, traffic cameras (request early before deletion)
- Your own written account: A clear, chronological narrative written within 24–48 hours while memory is fresh
- 911 call audio: Sometimes available via public records request; can capture immediate admissions or observations
Do not rely solely on the police report. Officers often do not witness the crash and may make errors in their diagrams or narratives. If the report is wrong or incomplete, gather your own evidence to correct it.
Traffic violations and negligence per se
If the other driver violated a traffic law, you can argue negligence per se—the violation itself is proof of negligence. Common violations that support strong liability claims:
Running a red light or stop sign
Very strong liability evidence, especially if cited by police or captured on video. Right-of-way violations are hard to defend.
Distracted driving
Cell phone use, texting, eating, etc. Look for phone records (subpoena if necessary), witness observations, or driver admissions.
DUI or impaired driving
Police report will note field sobriety tests, breathalyzer, blood test. DUI citations create very strong liability and potential punitive damages.
Speeding or reckless driving
Look for skid marks, vehicle damage severity, witness estimates of speed, citations. Speed in excess of limit or unsafe for conditions.
Following too closely
Rear-end collisions create a presumption that the following driver is at fault. The other driver must prove sudden emergency or brake-checking to escape liability.
Improper lane change or turn
Failure to signal, unsafe lane change, left turn across traffic without yielding. Diagrams and witness statements are critical.
Comparative fault and mitigation
Insurance adjusters will look for ways to shift some fault onto you. Anticipate and address these arguments in your demand file:
- Were you speeding? If so, acknowledge it and explain why it did not cause or contribute to the crash.
- Were you distracted? Show that your phone was not in use (phone records, affidavit).
- Did you fail to avoid the collision? Explain that you had no time to react or that evasive action would have been unsafe.
- Were you violating any traffic laws? If so, show that the violation was not a proximate cause of the crash.
Worried about comparative fault arguments?
I review liability evidence and help claimants anticipate and counter comparative negligence defenses before they hurt settlement value.
Email: owner@terms.law
Medical evidence: proving your injuries and treatment
Medical documentation is the backbone of any personal injury claim. Without it, you have no provable injury, no damages, and no settlement. Your medical evidence must show:
- You were injured in the crash (causation).
- Your injuries required medical treatment (necessity).
- Your treatment was reasonable and not excessive (scope).
- You still have pain, disability, or future risk (damages).
Essential medical records to request
- Emergency room records: Intake notes, diagnosis, treatment, discharge instructions, pain scale ratings
- Ambulance report: Prehospital care, vital signs, patient complaints at scene
- Diagnostic imaging: X-rays, CT scans, MRIs—and the radiologist’s reports (not just the films)
- Primary care doctor notes: Initial post-accident visit, follow-ups, referrals to specialists
- Specialist records: Orthopedist, neurologist, pain management, chiropractor, surgeon
- Physical therapy notes: Initial evaluation, progress notes, functional capacity evaluations, discharge summary
- Prescription records: What medications were prescribed, dosages, duration, pharmacy receipts
- Medical bills: Itemized bills from all providers (not just summary statements)
- Prognosis letter: From treating doctor, describing permanent impairment, future care needs, restrictions
How to request records: Most providers have a medical records release form (often available online). You can also use a HIPAA-compliant authorization form. Expect to pay copying fees ($0.25–$1.00 per page in many states). Records usually take 2–6 weeks to arrive.
What adjusters look for (red flags vs green flags)
Green flags (good for your claim)
- ER visit same day or next day after crash
- Objective findings: fractures, MRI abnormalities, surgical reports
- Consistent complaints across all providers
- Steady treatment with no unexplained gaps
- Conservative treatment progression (PT → injections → surgery, not straight to surgery)
Red flags (hurt your claim)
- First medical visit 7+ days after crash (suggests injury is not serious)
- Long gaps in treatment (weeks or months between visits)
- Excessive chiropractic visits with no improvement
- Inconsistent complaints (back pain in ER, neck pain at PT, shoulder pain at specialist)
- Subjective complaints only, no objective findings on imaging
Treatment gaps kill claims. If you stop treatment for weeks or months, adjusters will argue you were not really injured or that you fully recovered. If you had to stop for financial reasons, document that (e.g., lost health insurance, could not afford co-pays). If you stopped because you felt better, be prepared for a lower settlement offer.
Pain journal and daily impact documentation
Medical records show what doctors saw. A pain journal shows what you experienced day-to-day. Keep a simple log:
- Date and time of pain episodes or flare-ups
- Pain level (1–10 scale)
- Activities you could not do (work, exercise, care for children, sleep)
- Medications taken and whether they helped
- Emotional impacts (frustration, depression, anxiety about re-injury)
A pain journal is not a medical record, but it gives adjusters and juries a human, credible picture of your suffering. Generic claims of “constant pain” are easy to dismiss; specific, dated examples are much harder to ignore.
Need help requesting and organizing medical records?
I assist claimants with HIPAA authorizations, record requests, and identifying gaps in medical documentation before sending demand letters.
Email: owner@terms.law
Economic loss evidence: proving your financial damages
Economic damages are the easiest to prove because they are objective: you either lost money or you did not. But you must document every dollar you claim, or the insurance company will refuse to pay it.
Lost wages and income
- Employer wage loss letter: On company letterhead, stating your job title, pay rate, hours/days missed, and total lost income
- Pay stubs: Before and after the accident, showing your regular earnings
- W-2 or 1099 forms: To verify annual income if you are claiming reduced earning capacity
- Doctor’s work restrictions: If you returned to work on light duty or reduced hours, get a letter from your doctor explaining the restrictions and how long they lasted
- Self-employment income proof: Tax returns, profit-and-loss statements, bank statements, canceled contracts or lost opportunities
Self-employed or cash-paid workers: If you do not have W-2s or pay stubs, you can still recover lost income, but you must provide credible proof. Tax returns, bank deposits, client invoices, and affidavits from clients can help. If you were working under the table and not reporting income, you may have a harder time proving this claim (and may face tax questions).
Out-of-pocket expenses
- Transportation to medical appointments: Uber/Lyft receipts, mileage logs, parking receipts
- Prescription co-pays: Pharmacy receipts, credit card statements
- Medical equipment: Crutches, braces, heating pads, TENS units, wheelchair, shower chair
- Home health aide or caregiver: Receipts if you paid someone; affidavit and hourly-rate research if a family member helped for free
- Household services: Lawn care, housekeeping, child care you had to hire because you could not do it yourself
Property damage
- Repair estimates: Two or three estimates from licensed body shops (not just one)
- Final repair invoice: If car was repaired, show actual cost paid
- Total loss documentation: If car was totaled, the insurer’s valuation worksheet, KBB/NADA comps, recent sales of similar vehicles
- Rental car receipts: Daily rate and total days you needed a rental while your car was being repaired
- Diminished value appraisal: If your car was repaired but is now worth less due to accident history (not all states allow this claim)
- Personal property: Cell phone, laptop, sunglasses, child car seats, sports equipment—anything damaged in the crash
Tip: Keep all receipts and invoices, even small ones. $10 here and $20 there adds up to hundreds or thousands over the course of treatment. Adjusters will not reimburse you for expenses you cannot prove.
Having trouble documenting economic losses?
I help claimants identify and prove all categories of economic damages, including hard-to-document losses like self-employment income and household services.
Email: owner@terms.law
How to organize your demand file for maximum impact
You have gathered all the evidence. Now you need to organize it so that an adjuster can review your file quickly, understand your claim, and make a fair offer.
A well-organized demand file signals professionalism and preparation. A disorganized file (random PDFs, unlabeled photos, no cover letter) signals that you do not know what you are doing—and adjusters will lowball you.
Suggested file structure
1. Cover letter / demand letter
The demand letter itself, on one or two pages, summarizing liability, injuries, damages, and your settlement demand. This is what the adjuster reads first.
2. Table of exhibits
A numbered list of all documents attached. For example:
- Exhibit A: Police Report
- Exhibit B: Scene Photos
- Exhibit C: Witness Statement – Jane Doe
- Exhibit D: Emergency Room Records
- Exhibit E: MRI Report – Cervical Spine
- Exhibit F: Physical Therapy Notes
- Exhibit G: Medical Bills Summary
- Exhibit H: Wage Loss Letter
- Exhibit I: Vehicle Repair Estimate
3. Liability evidence section
- Police report
- Scene photos (organized by date and labeled clearly)
- Vehicle damage photos (all angles, close-ups of impact points)
- Witness statements
- Surveillance footage (if available, provide link or USB drive)
- Your written narrative of the accident
4. Medical evidence section
- ER records
- Ambulance report
- Imaging reports (X-ray, CT, MRI)
- Primary care and specialist notes (chronological order)
- Physical therapy notes
- Prognosis letter
- Prescription records
5. Medical bills summary
Create a simple spreadsheet or table:
- Provider name
- Date of service
- Amount billed
- Amount paid (by health insurance or you)
- Balance owed or amount to be reimbursed
Then attach all itemized bills as separate exhibits. The summary gives the adjuster a quick overview; the individual bills provide backup.
6. Economic loss evidence section
- Wage loss letter
- Pay stubs
- Tax returns (if claiming self-employment loss)
- Out-of-pocket expense receipts (organized by category)
- Vehicle repair estimates and invoices
- Rental car receipts
7. Pain journal and impact statement
A short (1–3 page) narrative or daily log showing how the injuries affected your life. Not a medical record, but powerful supporting evidence for pain-and-suffering claims.
Pro tip: Send your demand package in both digital and physical formats. Email a PDF of the entire package (with hyperlinked table of exhibits), and also mail a clean hard copy via certified mail. This ensures the adjuster has no excuse for not reviewing it, and you have proof of delivery.
Common mistakes that hurt your presentation
- Unlabeled photos: Name your photo files clearly (e.g., “2024-03-15_Scene_Skid_Marks.jpg” not “IMG_8273.jpg”)
- Incomplete medical records: Missing pages or entire provider records make adjusters suspicious
- No bills summary: Forcing the adjuster to manually add up 50 separate bills is unprofessional
- Random order: Presenting documents in the order you received them rather than logical categories
- Excessive pages: Including every page of PT notes when a summary and key excerpts would suffice
- No cover letter: Just attaching documents with no explanation or demand amount
Overwhelmed by the organization process?
I assemble, organize, and present complete demand packages for injury claimants. Let me handle the paperwork so you can focus on recovery.
Email: owner@terms.law
How I help claimants build strong demand files
Many injury victims understand they need a demand letter, but they do not realize that the evidence file is more important than the letter itself. I focus on helping claimants:
- Identify what documents they need (and what they are missing)
- Request records from providers, employers, and agencies
- Organize everything into a professional demand package
- Present a complete, credible claim that adjusters take seriously
What I do differently
Evidence audit
I review what you have and tell you exactly what is missing or weak. I do not guess or assume—I look at your actual documents and identify gaps before the insurer does.
Record requests
I draft HIPAA authorizations and records requests to providers, follow up on delays, and make sure you get complete records (not just billing summaries).
Bills summary and exhibit list
I create professional spreadsheets and exhibit indexes that make your claim easy to review and hard to lowball.
Liability and causation analysis
I identify comparative fault arguments the insurer will raise and help you counter them with evidence before they become a problem.
California focus: Most of my demand-file work is for California car accident cases. I understand California’s rules on billed-vs-paid medical expenses (Howell/Sanchez), Government Claims Act requirements for public entities, and how California juries value different types of injuries. If your case is outside California, I can still help with general evidence strategy but will coordinate with local counsel where necessary.
Frequently asked questions
Yes. Many people want to handle their own claims but need help with the evidence-gathering and organization piece. I offer limited-scope services: I review your file, tell you what is missing, draft records requests, and organize your demand package—but you send it and negotiate with the adjuster. This is often much less expensive than full representation.
Medical records fees can add up quickly ($0.25–$1.00 per page × hundreds of pages). Some providers will waive or reduce fees if you explain you are pursuing an injury claim. I can also help you prioritize which records are most important so you are not paying for unnecessary pages.
Typically 4–8 weeks from when you start requesting records to when you have everything. Medical records can take 2–6 weeks per provider, and some providers are slower than others. Start the process as soon as you finish treatment (or reach maximum medical improvement) so you are not waiting months to send your demand.
No. You should include key documents: ER records, diagnostic imaging reports, doctor narratives, and PT evaluations/discharge summaries. You do not need to include every single progress note or routine follow-up if they say the same thing. A well-organized 30-page medical section is better than a 200-page dump that no one will read.
That is common. Adjusters often ask for additional records, updated bills, or clarification on certain expenses. As long as the request is reasonable, you should provide it. If the request seems like a delay tactic (asking for the same documents again, or irrelevant records), push back and set a deadline for their response.
Ready to build a complete demand file?
Contact me to discuss your case. I personally review all evidence and handle all client communication.
Email: owner@terms.law