Use these templates adapted for your specific situation:
[Your Name]
[Your Address]
[City, State ZIP]
[Email Address]
[Date]
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[Insurance Company Name]
[Claims Department]
[Address]
[City, State ZIP]
Re: Personal Injury Claim
Claimant: [Your Name]
Date of Loss: [Accident Date]
Claim Number: [If assigned]
Insured: [At-Fault Driver Name]
Policy Number: [If known]
Dear Claims Adjuster:
I am writing to demand compensation for injuries I sustained in a motor vehicle collision caused by your insured on [Date] at [Location].
LIABILITY
On [Date], at approximately [Time], I was [describe your actions - e.g., traveling northbound on Main Street]. Your insured was [describe their negligent action - e.g., following too closely/running a red light/making an unsafe lane change].
Your insured violated California Vehicle Code Section [cite specific section] by [describe violation]. The police report (copy enclosed) confirms your insured was cited for [violation].
I was not comparatively negligent. I was [describe your proper conduct - e.g., traveling at the posted speed limit with the green light].
INJURIES AND TREATMENT
As a direct result of your insured's negligence, I suffered the following injuries:
[List injuries - e.g.:]
- Cervical strain/sprain (whiplash)
- Lumbar strain
- Right shoulder contusion
- Post-traumatic headaches
I received the following medical treatment:
[Chronological summary - e.g.:]
- [Date]: Emergency room treatment at [Hospital], diagnosed with [injuries], prescribed [medications]
- [Date range]: Treated with [Chiropractor/Physical Therapist] for [number] sessions
- [Date]: MRI of cervical spine revealed [findings]
- [Date]: Orthopedic evaluation with Dr. [Name], diagnosed with [condition]
- [Ongoing]: Continue to experience [symptoms], treating with [provider]
DAMAGES
I. SPECIAL DAMAGES (Economic Losses)
Past Medical Expenses:
[Hospital] Emergency Room $[Amount]
[Provider Name] - [Service] $[Amount]
[Provider Name] - [Service] $[Amount]
Prescription Medications $[Amount]
SUBTOTAL PAST MEDICAL: $[Amount]
Future Medical Expenses:
[Estimated treatment - e.g., 12 additional PT sessions @ $150] $[Amount]
SUBTOTAL FUTURE MEDICAL: $[Amount]
Lost Wages:
[Employer]: [Dates missed] @ $[daily rate] $[Amount]
SUBTOTAL LOST WAGES: $[Amount]
TOTAL SPECIAL DAMAGES: $[Amount]
II. GENERAL DAMAGES (Non-Economic Losses)
Based on the nature and extent of my injuries, the duration of my pain and suffering, the impact on my daily activities, and the residual effects I continue to experience, I am claiming general damages in the amount of $[Amount].
This amount represents a [X.X]x multiplier of my special damages, which is reasonable and conservative given [describe factors - severity, duration, impact on life, etc.].
DEMAND
Based on the foregoing, my total demand is $[TOTAL AMOUNT].
This demand is open for [21/30] days from the date of this letter. If I do not receive a response by [specific date], I am prepared to file a lawsuit in [County] Superior Court.
I reserve the right to amend this demand if additional damages, including future medical expenses or complications, are discovered.
Please confirm your insured's policy limits in writing. If the policy limits are insufficient to cover my damages, please advise immediately so we can discuss a potential policy limits settlement.
Very truly yours,
[Your Signature]
[Your Printed Name]
Enclosures:
- Medical records and bills
- Police report
- Photographs
- Lost wage documentation
- [Other supporting evidence]
[Your Name]
[Your Address]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Insurance Company]
[Address]
Re: POLICY LIMITS DEMAND - TIME SENSITIVE
Claim No.: [Number]
Insured: [At-Fault Party]
Date of Loss: [Date]
Dear Claims Department:
FORMAL POLICY LIMITS DEMAND
This letter constitutes a formal demand for your insured's full bodily injury liability policy limits. Based on my investigation, your insured carries a policy with limits of $[Amount] per person.
My damages significantly exceed these policy limits. As detailed in my prior correspondence:
Total Special Damages: $[Amount]
General Damages Claim: $[Amount]
TOTAL CLAIM VALUE: $[Amount]
Given that my claim value of $[Amount] substantially exceeds the $[Limits] policy limits, I am prepared to resolve my claim against your insured for the policy limits.
CONDITIONS
This offer is conditioned upon:
1. Payment of $[Policy Limits] within 30 days of this letter
2. Confirmation that no other applicable coverage exists
3. Confirmation that the policy was in effect on the date of loss
4. A signed release limited to bodily injury claims against your insured only
CONSEQUENCES OF FAILURE TO ACCEPT
If you fail to accept this policy limits demand, you will be exposing your insured to a judgment that may significantly exceed policy limits. I will pursue all available remedies, including:
- Filing suit against your insured for the full value of my claim
- Seeking assignment of your insured's bad faith claims against you
- Pursuing any excess judgment against your insured personally
Your duty to your insured requires that you give equal consideration to the insured's interests as your own. Failure to settle within policy limits when liability is clear and damages exceed limits may constitute bad faith.
TIME LIMIT
This demand expires at 5:00 PM on [Date - 30 days from letter], and is automatically withdrawn thereafter without further notice.
Very truly yours,
[Your Name]
[Your Name]
[Address]
[Date]
[Property Owner/Manager]
[Address]
Re: Personal Injury Claim - Premises Liability
Date of Incident: [Date]
Location: [Specific location]
Dear [Name]:
DEMAND FOR COMPENSATION
On [Date], I was lawfully present at your property located at [Address] as a [customer/invitee/tenant]. While [describe activity - e.g., walking through the produce section], I slipped and fell on [describe hazard - e.g., a puddle of water/spilled liquid/broken tile].
LIABILITY
As the property owner/manager, you owed me a duty to maintain the premises in a reasonably safe condition. You breached this duty by:
[Select applicable:]
- Failing to discover the hazardous condition through reasonable inspection
- Failing to correct a known hazardous condition
- Failing to warn of a hidden danger
- Creating the hazardous condition
- Allowing the hazardous condition to exist for an unreasonable period of time
[If applicable:] According to witnesses, the [hazard] had been present for at least [time period] before my fall, which was sufficient time for you to discover and remedy the condition through reasonable inspection. [Witness Name] will testify that [describe observation].
Under California Civil Code Section 1714 and the principles established in Rowland v. Christian (1968), you are liable for my injuries.
INJURIES AND DAMAGES
As a result of your negligence, I suffered:
[List injuries]
I have incurred the following damages:
[List damages with amounts]
DEMAND
I demand payment of $[Amount] within 30 days to resolve this matter. This amount represents my actual damages plus fair compensation for pain and suffering.
If I do not receive payment or an acceptable settlement offer, I will pursue legal action, including claims for:
- All compensatory damages
- Attorney's fees and costs
- Any other relief available under law
Please have your insurance carrier contact me promptly.
Sincerely,
[Your Name]