Auto Accident Settlement
Letter of Notification

• Using the word "accident" diminishes the seriousness of your claim. The word accident sounds like it wasn’t anyone’s fault. Knocking a glass of milk over is an accident. Being hit by a three thousand pound chunk of steel is a Collision! So from now on replace the word "accident" with the word "collision."


• Instead of referring to the other driver as the "other driver," refer to him as the "at-fault driver." 


• Replace any reference to "date of the accident," or "the day it happened," with the phrase "Date of Loss."


• Instead of using phrases like "You were wrong," or "It was your fault," use the word "culpable" or "culpability." As in, "You were culpable for the collision." ("Culpable" means the same as "Guilty," but the word Guilt is reserved for criminal matters. The word Culpable is used in civil matters.)


• Instead of saying "Because of the accident I was taken by ambulance to the Emergency Room" you might say: “As a direct and proximate result of your negligence I was taken by ambulance to the Emergency Room.”


• Instead of saying “Because you were in the wrong,” or "Because of what you did,” use the word “Negligence.” 


• Although you might think it's too personal, the law in most states says you may recover for “Loss of Consortium." This is the inability to perform familial duties. For example, your back was hurt in the accident and any movement in the bed causes added pain. As a result, any intimacy with your spouse is impossible, at least during your recovery period. That is known as “Loss of Consortium.”


• Serious car collisions can be traumatizing and the effects can last for years. Victims often experience depression, anxiety, and guilt where before the collision these symptoms did not exist. These symptoms are damages, considered just as real as the damage to your car. Refer to these damages as "Mental Anguish."


• Although the words "Your insured" are not part of this notification letter, they will be used by the at-fault driver's insurance company when they become involved. At that time you will change the words "at-fault driver" to "Your insured."


• Finally, even though you are not culpable (you didn’t cause the collision), it is prudent to contact your own insurance company to report the collision. It will not go on your record or be held against you. If for any reason the at-fault driver’s insurance had lapsed, or if his insurance company decides their insured is not culpable, your insurance company will already have been notified and will be ready to fight for you.