If your vehicle has been damaged in a Queensland road accident and you are having trouble getting the repairs paid for, then a letter of demand may help you recover the debt.
To make things easier, we’ve prepared a free letter of demand template which you can edit and send.
This article provides background information on letter of demands for car accidents and tips on the information you will need to edit and complete our template.
A letter of demand is a letter sent to a person who has caused damage to your car and has failed to pay money to cover the costs to repair or replace your car.
You will generally send a letter of demand when:
It is important to send a letter of demand before you commence legal action with QCAT or a court to seek payment for damage caused to your vehicle.
If you have comprehensive car insurance (i.e. property damage insurance) you can make a claim for the damage caused to your car through your insurer. They will then pay for the repairs to your vehicle and send a letter of demand to the driver at fault.
Call-out: Note: If you have comprehensive car insurance (i.e. property damage insurance) you can make a claim for the damage caused to your car through your insurer. They will then pay for the repairs to your vehicle and send a letter of demand to the driver at fault.
You can claim for the following costs in your letter of demand:
We’ve provided a few different options to ensure everyone can easily access and edit the template. Please choose the one most suited to yourself.
● MS Word Document template - this will work with MS Word, Pages on Mac/iOS and most word processor programs/apps.
● View and edit in Google Docs - click the link to view the Google Docs version. You can cut and paste from here into any other app.
● Plain text template - this template in plain text lacks the rich-text formatting of the MS Word Doc or Google Docs versions but can be copied and pasted into any program such as email, Notes app and so on.
To make it quick and easy to edit the template and send your letter of demand.
Before you write a letter, it’s best to have the following information at hand:
Call-out: If you’ve been injured in a car or road accident in Queensland then a different insurance scheme applies (called CTP or “compulsory third party” insurance). CTP insurance is linked to registering your vehicle and is different to insurance for property damage.
When another person causes damage to your property, they are legally required to pay for that damage (the cost of that damage essentially becomes a debt).
A letter of demand is exactly what it sounds like – it’s a letter you send to recover debt that is not yet paid.
The letter explains how the damage arose, what the costs of that damage is and a demand that those costs be paid within a specific time frame.
You are not legally required to seek legal advice before sending a letter of demand.
However, it can be very helpful to seek legal advice before you write a letter to give yourself the very best chance to recover the debt.
We’ve provided a free letter of demand template which you can download and edit to get you started. This is for general information only and should not be construed as legal advice. Any letters you send based on the template need to be sent on behalf of yourself/the person requesting money for property damage.
Yes, you can email a letter of demand.
But we would suggest that you also send the letter of demand via Registered Post as well. This will help ensure the driver at fault for the car accident receives your letter of demand.
If you don’t receive a response to the first letter of demand , there is nothing stopping you from sending a reminder letter.
However, if the driver at fault fails to respond or refuses to pay your demand, it would be a good idea to seek legal advice before commencing legal action.
If you decide that you wish to commence legal action, the court which you will need to commence your claim with will depend on the value of the damages you are seeking: