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When to Send A Demand Letter After An Auto Accident in Denver


November 22, 2017

A demand letter is a written document that is sent to the at-fault party’s insurance company after an auto accident in Denver. The letter will include a brief summary of the accident, including what evidence you have that indicates the other driver was at fault, and a specific demand for compensation. Sending this letter will show the insurance company that you are serious about recovering compensation for your injuries. But, when should you send it? Here’s what you need to know:

Maximum Medical Improvement

It’s never a good idea to send a demand letter before you have reached maximum medical improvement, or MMI, in your case. Why? A victim reaches MMI when doctors do not believe that he will improve any further, even with additional treatment. Until a victim has reached MMI, it’s impossible to determine how his injuries will affect him in the future, and therefore impossible to accurately estimate the value of his claim. What is maximum medical improvement?

For example, if you sustained a back injury in a car accident, a doctor may recommend completing three months of physical therapy. Even if you still feel some lingering pain after three months of physical therapy, the doctor may say that you have reached MMI. Now that you know you will still experience some pain in the future, you will be able to accurately calculate the value of your claim. If you had sent a demand letter immediately after the injury, it’s possible that you would have underestimated the value of your claim and asked for too little from the insurance company.

Documentation

The insurance adjuster at the at-fault party’s insurance adjuster will not even begin to think about making an offer if he does not have your medical records and proof of expenses. Without this documentation, there’s no way for the insurance adjuster to determine if the amount you are asking for is fair or not. Therefore, it’s best to wait to send the demand letter until you have sent all of the documentation to the insurance adjuster.

Statute of Limitations

There is a three-year statute of limitations on car accident claims, meaning victims only have three years from the date of the accident to take legal action against the at-fault party. If you file outside of this three-year window, the court may immediately throw out your case. Be sure that the demand letter is sent to the insurance adjuster well before the three-year limit is up. Although it’s important to wait until you have sent documentation and reached MMI, it’s even more important to ensure you do not wait too long to send the demand letter.

If you are injured in an auto accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will draft a demand letter and send it to the at-fault party’s insurance company when the time is right. Then, he will aggressively fight for the compensation that you deserve. Call us at 303-321-4878 or contact Mark A. Simon to discuss your legal options during a free consultation.