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Sample Bicycle Accident Demand Letter

{Today’s Date}

 

DEMAND LETTER FOR
SETTLEMENT PURPOSES ONLY

Sent via facsimile: {(xxx) xxx-xxxx}

{Adjuster’s Name and Title}
{Insurance Company Name}
{Address – Line 1}
{Address – Line 2}
{City, State, Zip}

Re:            Our Client:      {Claimant’s Name}
                 Claim No:      {}

                 Your Insured:  {Insured’s Name}
                  Date of Loss:  {}

Dear {Adjuster’s Name}:

As you are aware, this law firm represents {client/claimant} for injuries he/she sustained arising from a bicycle accident involving a commercial truck driven by {insured driver} on {date of accident} in {city, Arizona}. {Client/claimant’s} injuries have stabilized and we are now in a position to submit this demand.

We have enclosed copies of the police report, medical records and medical billing statements from our client’s healthcare providers for treatment of {his/her} injuries that {he/she} sustained in this bicycle accident involving the commercial truck.

FACTUAL BACKGROUND

This accident occurred on a {day of week} {morning, afternoon, evening} when {client/claimant} was riding {his/her} bicycle on the way to {work, school, etc.}. {Client/claimant} was headed {northbound, southbound, eastbound, westbound} on {street name}.  As client/claimant approached the {}, {insured driver} of {company} suddenly and unexpectedly struck {client/claimant} on {his/her} bicycle. The force of the impact caused {client/claimant} to fly off {his/her} bicycle resulting in injuries to {his/her} {name injuries} and {significant damage/total loss} to {his/her} bicycle.

{Insert Photograph(s) of bent/damaged bicycle frame}

{Insert additional factual timeline.}

LIABILITY

{Insured driver}, the driver of the commercial truck, owed {client/claimant} a duty of care to operate {his/her} vehicle in a safe, reasonable and attentive manner. Rudolph v. Arizona B.A.S.S. Federation, 898 P.2d 1000, 1003 (Az. App. 1995). {Insured driver} breached {his/her} duty of care to {client/claimant} by failing to operate the company vehicle safely, reasonably or attentively and failing to exercise due care to avoid colliding with {client/claimant} who was riding {his/her} bicycle before the collision. As a direct and proximate result of {isnured driver’s} negligence, {client/claimant} suffered bodily injuries, pain and swelling, scarring, hedonic damages and other damages.

At all relevant times, {insured driver} owed a duty to comply with applicable statues, regulations, and rules related to the safe operation of a motor vehicle. {Insured driver} breached {his/her} duty when {he/she} failed to drive in a reasonable and prudent manner (to avoid a collision) and failed to make a safe right turn pursuant to A.R.S. § 28-701 and A.R.S. § 28-754.  {Client/claimant} was, at the time of the collision, within the class of persons whom the above-these statutes were meant to protect. {Insured driver’s} failure to comply with these statutes created the type of collision against which the law was designed to protect.  {Insured driver’s} failure to comply with such statutes was the direct and proximate cause of {client/claimant}’s injuries and constitutes negligence per se.

In addition, {truck company} is vicariously liable for the negligence of {insured driver}, who was driving a commercial truck during the course and scope of {his/her} employment, through the doctrine of respondeat superior. Higginbotham v. An Motors of Scottsdale, 269 P.3d 726, 728 (Az. App. 2012). The accident report states that {insured driver} had just serviced {name of business} immediately before this accident, which indicates he was in the course and scope of {his/her} employment at the time of this accident.

INJURIES & TREATMENT

            As a result of this bicycle accident, {client/claimant} suffered from the following injuries, diagnoses and treatments:

{Insert medical treatment timeline including broken bones, contusions, bruising, abrasions. Also, insert any photographs of injuries including bruising and scarring}

SPECIAL DAMAGES

  • PAST MEDICAL EXPENSES: 

The following medical costs have been medically and reasonably necessary* for the treatment of {client/claimant’s} injuries:

DATE PROVIDER AMOUNT
EMS – AMBULANCE $
HOSPITAL $
EMERGENCY ROOM PHYSICIANS $
RADIOLOGY $
MEDICAL SPECIALISTS (ORTHOPEDIC) $
REHABILITATION/PHYSICAL THERAPIST $
TOTAL PAST MEDICAL EXPENSES: $

*Collateral source payments, if any, have been redacted pursuant to Lopez v. Safeway, 129 P.3d 487 (Az. 2006), which holds payments made to or benefits conferred on the injured party from other sources are not credited against the tortfeasor’s liability, although they cover all or part of the harm for which the tortfeasor is liable.

  • FUTURE MEDICAL EXPENSES:

{Discuss any future care including any additional treatment and/or scar revision surgeries.}

{Insert Current Photographs of Client/Claimant’s Scars from Accident}

{Scar revision surgery may include costs for surgeon’s fees, hospital or surgical facility costs, anesthesia fees, prescriptions for medication, post-surgery garments, and medical testing.  Obtain an expert opinion on scar revision surgery estimates.}

  • LOST TIME FROM WORK/SCHOOL:

{Insert lost school and work and calculate any accident related income or wage loss.}

GENERAL DAMAGES

{Client/claimant} has experienced stress and anxiety as the direct result of this accident. In Arizona, a victim is entitled to receive fair compensation for “the pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.”  See Revised Arizona Personal Injury Damages Instructions (Civil), 4th, attached.

Further, {client/claimant} is entitled to fair compensation for the “loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.”  See Revised Arizona Personal Injury Damages Instructions (Civil), 4th.

Additionally, client/claimant’s scars are daily reminders of this accident.

TIME SENSTIVE SETTLEMENT DEMAND

Based on the clear liability of your insured and insured driver, our client is willing to settle this matter for ${insert amount} in exchange for a full release to resolve this matter. This demand expires at the close of business on {insert date}.

I look forward to hearing from you on this matter.

Sincerely,

{YOUR LAW FIRM NAME}

{attorney’s name}

Enclosure