A demand letter from a personal injury attorney in Missouri is a formal written document that requests compensation from the at-fault driver’s insurance company after a car accident.
This letter outlines the facts of your crash, explains why the other driver is responsible, and specifies the exact amount of money needed to cover your medical bills, lost wages, and other damages.
It serves as your first official attempt to settle your Missouri car accident claim without going to court.
The demand letter process can feel overwhelming when you’re already dealing with injuries and financial stress from your accident. Insurance companies often make lowball offers or deny claims entirely, hoping you’ll accept less than you deserve.
A well-crafted demand letter from an experienced attorney changes that dynamic by presenting your case professionally and demanding fair compensation based on Missouri law.
Why Demand Letters Matter
Insurance companies take demand letters from Missouri car accident attorneys seriously because they understand the strength of your position and know you’re prepared to fight for fair compensation. When an adjuster receives a professional demand letter, they understand you’re not going away quietly.
A strong demand letter often leads to better settlement offers. Insurance companies would rather negotiate than spend money on lawyers and court costs. They also know that if your case goes to trial, a jury might award you even more money than you’re asking for now.
Additionally, the demand letter creates an official record of your claim. If the insurance company later tries to deny they knew about your injuries or damages, you have proof that you told them everything upfront.
Without a demand letter, insurance companies often make lowball offers hoping you’ll accept less than you deserve. The demand letter forces them to take your claim seriously from the start.
When Should You Send a Demand Letter?
You should only send a demand letter after you finish medical treatment or reach Maximum Medical Improvement (MMI). MMI means your doctor says your condition won’t get better with more treatment, even if you’re not completely healed.
Waiting until MMI is crucial because you need to know the full cost of your medical care. If you settle too early, you might get stuck with medical bills the insurance company won’t pay later.
Your attorney will work with your doctors to determine when you’ve reached MMI. This might take weeks or months depending on your injuries. Don’t rush this step, even if the insurance company pressures you to settle quickly.
Some people make the mistake of sending a demand letter while still getting treatment. This almost always results in settling for less money than they need to cover all their costs.
What Should a Missouri Car Accident Demand Letter Include?
A proper demand letter for a car accident in Missouri must include several key sections to be effective. Each section serves a specific purpose in building your case.
Facts, Fault, and Evidence Summary
This section tells the story of your accident in clear, simple terms. Your attorney will explain exactly how the crash happened and why the other driver was at fault.
The letter will reference the police report, witness statements, and photos from the scene. If there were traffic violations involved, like running a red light or speeding, those will be highlighted as proof of negligence.
Injuries, Treatment, and Medical Status
Here, your attorney lists every injury you suffered and all the medical care you received. This includes emergency room visits, surgeries, physical therapy, and any ongoing treatment you need.
The letter will also include your doctor’s opinion about your future medical needs. If you’ll need more treatment or have permanent limitations, that information goes in this section.
Damages, Lost Wages, and Pain and Suffering
This part adds up all your financial losses with specific dollar amounts for recovering damages in a Missouri car crash. Medical bills, lost wages, and property damage are easy to calculate because you have receipts and records.
Pain and suffering is harder to put a number on, but it’s real compensation for the physical pain and emotional distress the accident caused. Your attorney knows how pain and suffering is calculated based on Missouri law and similar cases.
Settlement Demand Amount and Release Terms
Your attorney will state exactly how much money you want to settle your claim. This amount should cover all your past and future costs related to the accident.
The letter will explain that in exchange for this payment, you’ll sign a release. A release is a legal document that ends your claim against the at-fault driver forever.
Attachments and Supporting Records
The demand letter must include copies of all documents that prove your case. This includes medical records, bills, proof of lost wages, and any other evidence that supports your claim.
Sample Outline for a Missouri Car Accident Letter Demand
While every case is different, most demand letters follow a similar structure to present your claim clearly and persuasively.
Opening Statement: “On [date], your insured [driver’s name] caused a collision at [location] that resulted in serious injuries to our client.”
Liability Section: Clear explanation of how the other driver’s negligence caused the crash, including any traffic law violations.
Medical Summary: Chronological list of all injuries and treatments from the emergency room through your final appointment.
Damages Breakdown:
- Medical expenses: $XX,XXX
- Lost wages: $X,XXX
- Future medical needs: $XX,XXX
- Pain and suffering: $XX,XXX
- Total demand: $XXX,XXX
Conclusion: “We demand payment of $XXX,XXX within 30 days. If we cannot reach a fair settlement, we are prepared to file suit to protect our client’s rights.”
What Happens After You Send a Demand Letter?
The insurance company will assign an adjuster to review your demand letter and investigate your claim. They’ll look at all the evidence you provided and decide how to respond.
You can expect one of three responses from the insurance company:
- Full acceptance: They agree to pay everything you asked for (this is rare)
- Counteroffer: They offer less money than you demanded (this happens most often)
- Denial: They refuse to pay anything, claiming their driver wasn’t at fault
If they make a counteroffer, your attorney will negotiate with them to try to reach a fair settlement. This process can take weeks or months, depending on how far apart you are on the value of your case.
If negotiations fail, our legal team at Beck & Beck Missouri Car Accident Lawyers can file a lawsuit to protect your right to compensation. Missouri gives you five years from the accident date to file suit, but it’s better to start the process sooner.
How Long Do Insurers Take to Respond in Missouri?
Missouri doesn’t have a law requiring insurance companies to respond to demand letters within a specific time. However, most attorneys request a response within 30 days, which is standard practice in the insurance industry.
Complex cases with severe injuries or high damages may take longer for the insurer to evaluate. Your attorney will follow up if the insurer doesn’t respond within a reasonable time.
Some insurance companies try to delay responding hoping you’ll get frustrated and accept a lower offer. An experienced attorney knows these tactics and won’t let the insurance company drag out your claim unnecessarily.
What Is a Time-Limited Policy Limits Demand in Missouri?
When your injuries are very serious and clearly worth more than the at-fault driver’s insurance coverage, your attorney may send a special demand called a time-limited policy limits demand. This is governed by Missouri Revised Statute 537.058.
This type of demand offers to settle your case for the full amount of the other driver’s insurance policy. It gives the insurance company a limited time to accept, usually 90 days minimum under Missouri law.
| Regular Demand Letter | Time-Limited Demand |
| No required response time | Must give insurer at least 90 days |
| Can demand any amount | Must demand full policy limits |
| Standard negotiations | Creates bad faith liability risk |
| No special legal requirements | Must reference Missouri statute |
If the insurance company unreasonably rejects this demand, they might have to pay more than their policy limits if your case goes to trial. This gives you leverage in cases where the other driver doesn’t have enough insurance to cover your damages.
Demand Letter Mistakes to Avoid
Insurance companies look for any reason to reduce or deny claims, so mistakes in your demand letter can be costly. Here are common errors that hurt cases:
- Sending too early: Before you finish treatment or reach MMI
- Missing documents: Forgetting key medical records or wage statements
- Wrong demand amount: Asking for too little or an unrealistic amount
- Generic templates: Using online forms that miss Missouri-specific requirements
- Emotional language: Using anger instead of facts to make your case
Your attorney will make sure your demand letter includes everything needed and follows Missouri law. We know what insurance companies expect to see and how to present your case persuasively.
Do I Need a Lawyer to Send a Demand Letter?
You can write and send a demand letter yourself, but having an experienced attorney handle it gives you a major advantage. Insurance companies take attorney demand letters more seriously than letters from accident victims.
At Beck & Beck Missouri Car Accident Lawyers, we know exactly what insurance companies need to see to take your claim seriously. We understand how to properly value your case, including calculating fair compensation for pain and suffering based on what Missouri juries award in similar cases.
Here’s how we help with demand letters:
- Accurate valuation: We calculate what your case is really worth
- Complete documentation: We gather all necessary records and handle medical liens
- Skilled negotiation: We know insurance company tactics and how to counter them
- Trial readiness: Insurers know we’ll go to court if needed
Because we focus exclusively on Missouri auto accident law, we have the specialized experience to write demand letters that get results. We have helped clients secure substantial recoveries over many years.
Missouri Auto Accident Law… It’s All We Do. Contact Us Today
If you’ve been hurt in a Missouri car accident, you don’t have to face the insurance company alone. At Beck & Beck Missouri Car Accident Lawyers, we can help you understand what your claim is worth and make sure your demand letter is strong and complete.
We’re a family-run firm that helps everyday people stand up to insurance companies. We offer free consultations 24/7, and you pay no fees unless we win your case.
Our experienced Missouri car accident lawyers will listen to your story, explain your options, and fight for the compensation you deserve. Contact us today to get started on your case.
Demand Letter FAQ
How Long Should I Give the Insurance Company to Respond?
Most demand letters request a response within 30 days, which is standard in the insurance industry. For complex cases with severe injuries, 45 to 60 days may be more reasonable to allow for thorough review.
What Must a Missouri Time-Limited Demand Include?
Under Missouri Revised Statute 537.058, a time-limited demand must reference the statute, give the insurer at least 90 days to accept, demand the full policy limits, and be sent by certified mail with an affidavit stating that no other claims exist.
Can I Send a Demand Before I Reach MMI?
Generally no, because you won’t know the full value of your claim. However, if the at-fault driver’s insurance limits are clearly too low to cover your injuries, your attorney might advise sending one sooner to preserve your rights.
Should I Email My Demand or Use Certified Mail?
Certified mail with return receipt is the best practice because it provides legal proof the insurance company received your demand and when they got it. Email can be used if you have an established email relationship with the adjuster.
What If the Insurance Company Ignores My Demand?
If an insurer ignores a reasonable demand letter, your attorney’s next step is usually to file a lawsuit. This forces them to respond and can sometimes be used as evidence of bad faith if the case goes to trial.
Do I Need a Demand Letter for Uninsured Motorist Claims?
Yes, you still need to send a demand letter for uninsured (UM) or underinsured (UIM) motorist claims. The process is similar, but you send the demand to your own insurance company instead of the at-fault driver’s insurer.
Will Medical Liens Affect My Settlement Amount?
Yes, if you used health insurance or have medical liens on your case, these must be addressed in the settlement. Your attorney will negotiate these liens to help you keep as much of your settlement as possible.
