Writing a property damage demand letter is the most crucial part of your damage claim settlement process with the insurance company. A properly drafted insurance demand letter may expedite the process of your claim settlement, and at the same time a poorly drafted demand letter may abate the part of your claim or may not be processed at all without resubmitting it in the correct format. It is imperative to take help of an experienced insurance attorney in Los Angeles or within your jurisdiction to draft a property damage or insurance demand letter.
In this article we will try to articulate the contents, which a property damage demand letter has to cover, however, the advice of an insurance attorney is unmatchable.
1) HEADING: The heading of the letter should contain:
a) Date: Date has to be there at the top of the letter to prove vigilance on the part of the claimant. The date will also be helpful in conclusively proving that the demand letter was within the period of limitation provided by the statute.
b) Your Name and Address:
c) Name of the Insurance adjuster, Name and Address of the Insurance Company.
d) Subject Line: The claim number assigned to your Claim must be included in your subject as it would provide the reader with an easily accessible reference.
2) INRODUCTION: The introduction section should contain your introduction and introduction of the insured person, who was negligent in the accident. It should further demonstrate your readiness and intent for earnest settlement of the insurance claim.
3) BACKGROUND: The background section should properly enunciate the circumstances which led to the occurrence of the accident. It should briefly articulate your diligence and insured’s negligence in the accident.
4) LIABILITY: The main prerequisites of successful insurance claim settlements are that (a) the insured acted negligently (b) the person who affected the accident was properly insured, and (c) there was actual damage and injury in the accident. Therefore you must properly write the liability section to completely satisfy all of the above prerequisites to leave the insurance adjuster with only a limited to scope to curtail the claim. You can refer to police reports, witnesses, traffic tickets, other proofs of law violations to support your claims.
5) INJURIES: The injuries section should cover each and every physical injury in the accident. While writing the injuries section you should keep in mind the expenses of the on-going treatment if the health of the victim is not stable and should also include any possibility of consequential medical procedure.
6) DAMAGES: The damages section should include:
a) The Expenses on the medical treatment, including any possible future expenses
b) The Expenses of repair of the property.
c) Any consequential damage from physical injury; like inability to work etc.
d) Any consequential damage from damage of property; like loss of rent etc.
e) Expenses of any temporary arrangement.
f) Any past or future pain and suffering (emotional distress, mental anguish, and loss of enjoyment);
g) Any consequential damage from injury to property; like further accidents etc.
7) THANK YOU: In this section you should thank the insurance adjuster in anticipation of your fair claim settlement.
We have to keep the above 7 points in mind while drafting an effective property damage demand letter. However, one needs to be well aware that each insurance case poses different set of questions and every claim is different in some way, therefore before sending out or filing a property damage or insurance demand letter, you should consult an experienced insurance attorney in Los Angeles to address contingencies peculiar to the specific insurance claim.