How to File Faultless Personal Injury Claim

Victims in a faultless accident can still seek compensation.

A faultless accident occurs when neither of the drivers involved have caused the accident, or when a driver did not cause a single-car accident. However, faultless car accidents can still inflict physical and mental injury, and victims can incur hospital bills and lose time from work. Many injuries cause pain and suffering that lingers long after an accident. In faultless accidents, the driver can still receive compensation for these injuries, bills and lost work time by submitting a faultless injury claim or sending a letter seeking compensation from his own insurance company.

Things You'll Need

• Medical records
• Police report

Instructions

Calculating Damages

1. Collect any relevant documents that will support your case for compensation. Obtain medical records, police reports and notarized eyewitness statements. Ask your physician to explain any unclear medical terms and side effects of drugs or treatment.

2. Calculate the value of any lost work time, if applicable. If the accident caused you to miss 16 hours of work and you earn $10 per hour, the value of your lost time is $160; if you earn a salary, rather than hourly wage, and you earn $500 a week, missing two days equals $200 of lost salary. If a spouse or parent died in the accident and you depended on their income, you can also claim compensation for their lost wages.

3. Tabulate the amount of property damage, auto repair fees and other monetary damages you incurred as a result of the accident. Other damages can include funeral expenses, damage to personal property in the car, such as golf clubs, the cost of traveling to a hospital for rehabilitation or loss of pension contributions from missed work time.

4. Tabulate the amount of your medical bills, if applicable. Ask the hospital or your doctor for an itemized bill, which you can submit to the insurance company along with your demand letter. Medical bills can also include hospice care, home nursing care, medical supplies, such as crutches or a brace, prescription drugs, chiropractor visits and any other rehabilitation and care you required.

5. Determine the severity rating of your injury in line with the scale of 1.5 to 5 generally employed by insurance companies to calculate the value of any pain and suffering damages. If you sprained a wrist and needed to take a daily aspirin to combat the pain, use a 1.5; if the accident left you with a permanent scar on a visible part of your body or chronic pain, assign a 5 as the severity rating. Note that the loss of a limb or permanent disability can rate higher than a 5, up to 10.

6. Calculate the value of your pain and suffering by adding the amount of your medical bills and lost wages and multiplying it by the severity rating for your injuries. If you incurred $5,000 in medical bills and lost $1,000 in wages and you rated your suffering over wearing a cast for six weeks at “2,” then the value of your pain and suffering is $12,000.

7. Total the amount of compensation you believe you deserve. Add the figures from Steps 2, 3 and 6 and then double this amount. Doubling the actual amount of damages you suffered helps ensure a fair settlement during negotiation with your insurance company.

Writing the Demand Letter

1. Address the demand letter to your insurance company. Begin the letter by providing a full description of the accident in plain language. Identify the factors that have caused the accident, such as icy roads or weather, and include any statements made by eyewitnesses or information that appears on a police statement that identifies the cause of the accident.

2. Explain in the letter how you are not at fault for the accident. Reference any eyewitness reports or police documents that support your case. Do not admit fault in any form.

3. Detail any injuries, pain and suffering you incurred and the medical procedures, prescriptions and rehabilitation that treated those injuries and pain. Reference any information that your doctor provided and write using medical and scientific terms. Provide an itemized list of all medical expenses and the physician or care facility associated with each expense.

4. State any missed work time and other expenses incurred as a result of the accident.

5. Conclude the letter by demanding the dollar amount totaled in Section 1, Step 7. Submit the letter to your insurance company along with copies of medical bills, police report, eyewitness statements and letters or docked pay stubs from your employer.

Tips & Warnings

• File the demand letter as soon as possible after the injury occurs. Some states impose a statute of limitations on when a plaintiff can file a claim.

References

• Personal Injury Lawyer: How to File Faultless Personal Injury Claim
• Nolo Law for All: Write a Winning Demand Letter
• After Car Accidents: Personal Injury Settlements Calculator
• After Car Accidents: Personal Injury Settlements Amounts
• AM Personal Injury; Five Steps to a Faultless Personal Injury Claim; Diana Joseph; August 2011
• Nolo Law for All: Settling Your Personal Injury Claim FAQ 1
• Nolo Law for All: Settling Your Personal Injury Claim FAQ 2
• Personal Injury Lawyer: Chasing Time: The California Statute of Limitations for Personal Injury Actions

Resources

• Nolo Law for All: Take Notes After an Accident or Injury