How to write a claim letter to an insurance company

Find out how a claim letter is used to start your accident compensation claim, what your claim letter should include, why an attorney should draft this letter to ensure you have the best chance of winning your claim, and how Get free legal help online before you start claiming compensation.

what is a claim letter?

A “claim letter,” formerly known as a “before action letter,” is a formal letter notifying the person you believe is at fault for your accident that you hold them responsible for your losses (pain and suffering from physical injury, psychological injury and financial loss) and intends to claim compensation from them.

Reading: How to write a claim letter to an insurance company

This should be the first letter to the potential defendant, whether it is a traffic accident (car, bicycle, truck, or pedestrian), accident at work (generally, you will write to the company at the address of the registered office: company is considered a separate identity in its own right), industrial disease (again, the claim letter will be addressed to the company that employs you or that previously employed you), medical malpractice claim (if the clinical malpractice occurred in the hospital, the letter is addressed to the corresponding nhs trust), etc.

what is the format of a claim letter?

For a claim letter to be effective, it must meet the requirements of the corresponding prior action protocol.

A “pre-action protocol” is a set of legal guidance instructions for several different types of injury claims; for example, there is one for traffic accidents, another for industrial disease claims, and yet another for clinical malpractice.

Generally speaking, a claim letter should set out certain information, including:

1. say who you are

You must indicate that you are the claimant in the action or, if written by an attorney, that you are acting on behalf of the claimant.

2. establish the circumstances of the accident

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explain when the accident occurred and briefly what happened.

3. alleging negligence or fault or breach of statute

You must say why the person you are writing the claim letter to was at fault, negligent or in breach of statutory duty (in breach of a written Act of Parliament) for your accident.

4. describe your injuries and financial losses

You should briefly describe what your injuries are as a result of the accident (physical and psychological injuries), as well as a basic overview of the financial losses you have suffered and whether the losses are continuing.

5. request a view of the relevant documentation

You must set out in general terms the documents you expect the guilty person to have in their possession, request that those documents be provided to you in a list format (this is known as a release of documentation), and when you have the list you must request that sent you a copy of the documents you would like to see (this is known as a document inspection).

The prior action protocol described above establishes a useful list of likely relevant documents.

6. nominate medical experts

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To prove your injuries, you will need a medical report from an independent medical expert, so in your demand letter you should name a relevant expert and give the defendant a number of days (usually 42 days) to object. .

For smaller value claims, you would typically refer to three medical experts and submit a resume with your claim letter. this will allow the other party to review the resumes to verify that the expert is independent (providing reports for both plaintiffs and defendants in equal proportions). If there is no objection to any of the experts, you may select the medical expert of your choice from the three you have selected.

7. request that the defendant’s insurer be notified of your claim

you should send two copies of your claim letter and remind the defendant that the copy of the claim letter should be sent to the appropriate insurance company (for traffic accidents, this would be the automobile insurer, for work accidents, labor liability insurance).

8. warning that he is going to dictate proceedings

A claim letter should be read as if it were serious, so you may want to include wording that court proceedings will be issued if liability is not awarded within a time period specified by you.

should you use a lawyer to write your claim letter?

“yes”: a claim letter is an extremely important document; poorly worded letters could harm your entire claim.

remember that a demand letter can be referred to a court and brought to the attention of a judge.

In law, wording is everything: you may be trying to say one thing, but the words you use may suggest another.

personal injury attorney free online help

Check out our website’s free online legal help options for personal injury claims: You can ask a question online or discuss your potential claim before writing your letter of claim.

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