Writing a Demand Letter to an Insurance Company in Georgia

A demand letter is your statement of the case to the at-fault party’s insurance company. It details your injuries and financial losses, explains how the insured was responsible for the accident, and demonstrates why you deserve the compensation you are requesting. 

At Spiva Law Group, we understand that initiating a personal injury claim with an insurance company can be intimidating, and you may wonder how to draft a demand letter. Fortunately, it is not something you have to do alone. With an experienced personal injury attorney on your side to prepare an insurance company demand letter and negotiate with the insurer, you can pursue the compensation you deserve to cover your injuries and expenses.

What Are the Key Points a Demand Letter Should Contain?

The key to writing an effective settlement is including the necessary information that supports your side of the case, including the nature and extent of your injuries and losses, how the accident affected your life, and evidence of the at-fault party’s liability.

When you hire an attorney shortly after the accident, they can begin gathering the evidence you need to prepare a strong personal injury demand letter. With your input, your attorney will write a demand letter, including the following components:

• Your version of events  – Your personal injury lawyer will recount how the accident occurred from your perspective. Since this is your opportunity to tell your side of the story, your attorney will likely ask you for your version of events to put in the demand letter. They will also use this information to establish the at-fault party’s liability.
• Your legal argument – The demand letter should include evidence and an explanation of why their insured is responsible for your injuries. This may consist of a police report, witness testimonies, and photos and videos. You want to create a clear case showing the other person is at fault so the insurance company is more willing to accept liability and make a fair offer to avoid a lawsuit.
• Your injuries – Your attorney will carefully explain how the accident affected your life. From your physical injuries to the mental trauma you suffered to the pain and suffering you experienced, detailing this information in the demand letter is essential to seek the full and fair settlement offer you deserve.
• Your expenses – Once you have finished getting treatment for your accident-related injuries, provide your attorney with all your medical bills and other injury-related costs. This may include expenses for emergency room care, surgery, subsequent physical therapy, and prescriptions. You should also include any anticipated future medical expenses in the insurance demand letter.
• Your demand – A personal injury attorney from Spiva Law Group will calculate a reasonable settlement demand that fully compensates you for your losses. They will add your medical expenses, lost wages, and other financial losses and then determine an appropriate figure for your subjective losses to arrive at a fair first settlement demand figure.

Contact our Savannah car accident attorney today for assistance if your injuries come from a car crash.

When Should You Use a Demand Letter?

In personal injury cases, you may try to settle your case through negotiation with the insurance company involved when their insured is liable. Your attorney can help determine the proper timing for sending a settlement demand letter to the insurer.

Because pre-suit negotiations can result in a quicker resolution to your case, allowing you to avoid the time and expense of litigation, demand letters are typically always used in personal injury cases. Sending the letter starts the negotiation process, so writing a compelling demand letter is critical to set yourself up for a fair settlement offer and hopefully avoid going to court. Contact or Savannah personal injury lawyer today.

What Should You Do If the Insurance Company Rejects the Demand Letter?

Insurance companies rarely agree to pay the initial settlement demand unless the insured’s liability is clear. However, there is no reason to be discouraged. If the company makes a lower offer in response to your demand, your attorney will bring it to you for your consideration. You can then provide a counteroffer if the number isn’t something you’re willing to accept. In pre-suit settlement negotiations, the goal is to drill down to an acceptable settlement figure, typically a number between your initial demand and the insurance company’s offer.

If the insurance company won’t make an acceptable offer or denies the claim, your attorney will proceed with filing suit – if they haven’t already – to ensure your case is filed before the two-year deadline set by Georgia’s statute of limitations. You can still try to settle the case once you have started litigation. However, the company may be less inclined to settle if they dispute the liability of their insured and the extent of your losses.

You want to be careful not to accept a settlement offer that doesn’t cover your losses. Once you accept the offer, you cannot go back and request more money, even if you discover further injuries or expenses. Your attorney can help you determine whether an offer is fair.

At Spiva Law Group, we understand that communicating and negotiating with insurance companies is stressful and that you do not want to inadvertently admit something that impacts the strength of your case. Let an experienced personal injury attorney from our firm handle these negotiations for you.

Contact a Georgia Personal Injury Lawyer

If you need a skilled personal injury lawyer to assist you with your claim, call Spiva Law Group. Our law firm is dedicated to offering you the personalized attention your case deserves while you work to recover from your injuries. And if your case does not settle, we will not hesitate to file a lawsuit on your behalf and vigorously pursue your maximum compensation.

We have been helping injury victims in Georgia seek justice for over 30 years. In that time, we have recovered over $500 million for our deserving clients, including $55 million for a traumatic brain injury. Former clients call us “one of the most compassionate, caring, personal injury firms around.” Contact us today to get started with your case in a free consultation.