The Motor Vehicle Collision Claim Toolkit

Tort > Motor Vehicle Collisions | Published 25 February 2024 - Updated 13 February 2026 | UpLaw - uplaw.us

⚠ Tools 1 through 4 go out in the first week or they are worthless. ⭐ Tool 8 — the underinsured motorist consent letter — prevents the single most expensive mistake in this practice.

Companion documents: Handling a Motor Vehicle Collision Claim from Scene to Settlement: A Practical Checklist · Motor Vehicle Collisions: A Comprehensive Guide to Fault, Coverage, Damages, and Settlement · The First Forty-Eight Hours: What Actually Decides a Car Accident Claim

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Tool 1 — Client instruction letter

Dear ______,

Thank you for trusting us with your case. A few instructions now will protect it more than anything we do later.

1. Medical care. Go to every appointment. ⚠ If you must stop treatment for any reason — cost, childcare, transportation, work — tell the provider WHY, so the reason is in your chart. A gap with no explanation is the most damaging thing that can happen to your case, and it is entirely preventable.

2. Tell every provider everything that hurts, at every visit, including things that seem minor. ⚠ A symptom first mentioned months later will be blamed on something else.

3. Prior injuries. Tell us about every prior injury, accident, and claim, even ones you think are irrelevant. ⭐ The law allows recovery when an accident worsens an existing condition. It does not forgive a prior injury we did not know about and the other side found in your records.

4. ⚠ Do NOT give a recorded statement to the other driver's insurance company. If they call, take a message and refer them to us.

5. ⚠ Do NOT sign anything. Not a release, not a medical authorization, not a property damage settlement. Send it to us first.

6. ⚠ Social media. Post nothing about the collision, your injuries, your treatment, or your activities. Ask friends and family not to tag you. Set your accounts to private. ⭐ Assume everything you post will be shown to a jury out of context.

7. Surveillance. Insurance companies sometimes hire investigators. ⭐ The instruction is simple: do exactly what your doctor allows, no more and no less, and describe your limitations accurately.

8. Keep records. Every bill, every receipt, every mileage log, every day of work missed.

9. Keep a journal. Once a week, write down what hurt, what you could not do, and what you missed. ⭐ In two years this will be the most useful document in the file.

10. Timing. A serious case takes one to three years. ⚠ We will not settle before your doctor says you have recovered as much as you are going to, because until then nobody knows what your future care will cost.

Please sign and return the enclosed acknowledgment.

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Tool 2 — Scene documentation guide

⭐ Give this to a client who is still at the scene, or use it when returning.

☐ Both vehicles from all four corners, then close-ups of every damaged area ☐ The resting positions before anything is moved, if possible ☐ License plates and vehicle identification numbers ☐ ⭐ The other driver's license, registration, and insurance card — photograph, do not transcribe ☐ Wide shots showing the whole intersection or roadway, from each driver's approach ☐ Traffic signals, signs, and lane markings ☐ Skid marks, gouges, debris fields, and fluid trails — with something for scale ☐ Sight-line obstructions — parked vehicles, vegetation, signage, sun angle ☐ Road surface and weather conditions ☐ Any camera — business, residence, traffic, transit — ⭐ photograph the camera and the building, and note the address ☐ Interior of both vehicles, including airbags, seat belts, and headrests ☐ Visible injuries, and again at intervals as bruising develops ☐ The police officer's name and badge number, and the report number

⭐ Return to the scene within a week and photograph it at the same time of day and in the same light. ⚠ A photograph taken at noon does not show the glare that blinded a driver at 5:40 p.m.

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Tool 3 — Camera canvass letter

⚠ Send within 72 hours. ⭐ Most systems overwrite within three to fourteen days.

[Date] · URGENT — TIME-SENSITIVE REQUEST

To the owner or manager of [business or residence]:

On [date] at approximately [time], a motor vehicle collision occurred at [location], directly [in front of / adjacent to] your property. We represent a person seriously injured in that collision.

⭐ We believe your security camera system may have recorded the collision or the moments before it.

⚠ We respectfully request that you PRESERVE that footage immediately. Most systems automatically record over older footage within days. Once it is gone, it cannot be recovered.

Please preserve: all footage from [time minus 30 minutes] to [time plus 30 minutes] on [date], from every camera with any view of [location or approach].

We will pay any reasonable cost of copying, and we can send someone today to copy it at your convenience. We can also provide a blank drive.

Please call [phone] as soon as you receive this. If we do not hear from you, we may be required to seek a court order, which we would prefer to avoid.

Thank you for your help.

⭐ Walk the block in person. ⚠ A letter to an address is far less effective than a person asking a manager, and the manager can often copy the file in ten minutes.

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Tool 4 — Vehicle and data preservation demand

[Date] · VIA EMAIL AND CERTIFIED MAIL

Re: Claim ______ — DEMAND FOR PRESERVATION OF VEHICLE AND ELECTRONIC DATA

We represent [client], injured in the collision of [date]. Litigation is anticipated. Your preservation obligation has attached.

⚠ You are demanded to preserve, and NOT to repair, sell, salvage, dispose of, or alter, the following:

1. The vehicle bearing VIN ______, in its present condition;
2. ⭐ All data stored in the event data recorder, airbag control module, and any telematics or infotainment system, including pre-crash speed, throttle, brake, steering, seat belt status, and airbag deployment data;
3. All photographs, measurements, and appraisals of either vehicle;
4. All recorded statements, claim notes, and communications concerning this collision;
5. All electronic data, including data that may be overwritten by starting or moving the vehicle.

⚠ Do not start, move, or power the vehicle in a manner that could overwrite stored data.

We request a mutually convenient inspection and download by a qualified technician, with all parties given notice and an opportunity to attend. We will bear our own costs.

⚠ Failure to preserve may result in sanctions, including an adverse inference instruction.

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Tool 5 — Commercial carrier spoliation letter

⚠ Send within days. ⭐ Several of these record categories are retained for as little as six months.

Re: Collision of [date] involving [carrier] unit ______, driver ______ — SPOLIATION NOTICE

⚠ You are directed to preserve and produce, and not to destroy, the following, without regard to your ordinary retention schedules:

1. ⭐ All hours of service records and electronic logging device data for the driver for the ninety days preceding — 49 C.F.R. Part 395;
2. ⭐ The complete driver qualification file — application, employment verifications, motor vehicle records, road test, medical certification, and annual reviews — 49 C.F.R. Part 391;
3. All inspection, repair, and maintenance records for the unit and trailer, including driver vehicle inspection reports — 49 C.F.R. Part 396;
4. All drug and alcohol testing records, including pre-employment, random, and post-accident — 49 C.F.R. Part 382;
5. All records required by 49 C.F.R. Part 390, pursuant to 49 U.S.C. § 31132 and 49 U.S.C. § 31136, and all commercial licensing records under 49 U.S.C. § 31305;
6. ⭐ All electronic control module, telematics, GPS, dashcam, and onboard camera data;
7. All dispatch records, trip documents, bills of lading, weight tickets, and load securement records;
8. All communications with the driver on the date of the collision, including text messages and app data;
9. The driver's personnel file, training records, and disciplinary history;
10. All prior collisions, violations, and roadside inspection reports for this driver and this unit;
11. The company's safety policies and any post-accident investigation;
12. The tractor and trailer, unaltered, pending joint inspection.

⚠ We will seek sanctions under Fed. R. Civ. P. 37 for any failure to preserve.

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Tool 6 — Coverage identification worksheet

Source	Carrier	Policy no.	Limits	Verified	Notes
At-fault driver's liability				☐
At-fault vehicle owner (if different)				☐
Employer / commercial policy				☐
Umbrella / excess (at-fault)				☐
⭐ Client's UM				☐
⭐ ⭐ Client's UIM				☐	Stacking? Offset?
Resident relative's UM/UIM				☐
Occupied vehicle's UM/UIM				☐
Client's umbrella				☐	⚠ Does it include excess UM/UIM?
MedPay				☐
PIP				☐	Threshold?
Collision				☐	Deductible
Rental reimbursement				☐	Daily / total
Health insurance				☐	⚠ Self-funded?
Medicare / Medicaid				☐	⚠ 42 U.S.C. § 1395y
Workers compensation				☐
Disability				☐

Declarations page review ☐ Bodily injury liability limits ______ ☐ ⭐ UM ______ · ⭐ UIM ______ ☐ Stacking permitted in this state? ☐ Yes ☐ No ☐ ⚠ UIM offset by the liability payment, or excess over it? ______ ☐ MedPay ______ · PIP ______ ☐ ⚠ Named driver exclusions? ______ ☐ ⚠ Umbrella includes excess UM/UIM? ☐ Yes ☐ No

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Tool 7 — Underinsured motorist consent letter

⭐ ⭐ The most important letter in this toolkit. Send it BEFORE signing any release with the at-fault driver.

[Date] · VIA CERTIFIED MAIL AND EMAIL

Re: [Client] — UIM claim, policy ______ — NOTICE OF PROPOSED SETTLEMENT AND REQUEST FOR CONSENT

We represent your insured, [client], who was injured on [date] by [at-fault driver].

The at-fault driver's liability carrier, [carrier], has offered its policy limits of $______. The offer is documented in the enclosed correspondence, and the declarations page confirming those limits is enclosed as well.

[Client]'s damages substantially exceed that amount. Enclosed are the medical records, bills totaling $, the treating physician's causation and permanency opinion, and documentation of wage loss of $.

⭐ Pursuant to the policy and applicable law, we hereby:

1. Notify you of the proposed settlement with the at-fault driver for the policy limits of $______;
2. Request your written consent to that settlement and to the execution of a release in favor of the at-fault driver and that driver's insurer only;
3. In the alternative, offer you the opportunity to preserve any subrogation rights by advancing $______ to [client] within [thirty] days, in which case we will not execute the release; and
4. Present [client]'s claim for underinsured motorist benefits under the above policy.

⚠ Please respond in writing within thirty days. We will not execute any release before receiving your response.

☐ ⭐ Do not settle until the written response arrives. ⚠ A release executed without consent can forfeit the UIM claim entirely, and no argument afterward reliably recovers it. ☐ Diary the response deadline, and follow up in writing. ☐ Keep proof of delivery.

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Tool 8 — Policy limits demand

⭐ Use where liability is clear and damages plainly exceed the limits. The purpose is to create the carrier's exposure for the excess judgment.

Re: [Claim number] — TIME-LIMITED DEMAND FOR POLICY LIMITS

Liability. [Concise narrative. Attach the police report, scene photographs, witness statements, and event data recorder analysis.] Your insured [ran the red light / rear-ended our client / turned left across traffic] and was cited for ______. ⭐ Liability is not reasonably disputable.

Injuries and treatment. [Diagnoses, objective findings, imaging, procedures, surgery performed or recommended, and permanency.]

Damages. Medical expenses to date: $. Future medical: $. Lost earnings: $. Future lost earning capacity: $. ⭐ These economic damages alone exceed your policy limits of $______.

Demand. We demand your policy limits of $______ in full settlement of the bodily injury claim against your insured. This demand remains open for [thirty] days from your receipt of this letter.

Upon payment we will provide a release of [insured] limited to the bodily injury claim, subject to resolution of all liens, which we will handle.

⚠ If you do not accept within the stated period, we will withdraw this demand and proceed. We are providing this opportunity so that your insured is not exposed to a judgment in excess of the available coverage.

Enclosed: complete medical records and bills · imaging reports · physician's opinion · wage documentation · photographs · police report · witness statements.

⚠ Send a complete package. ⭐ A limits demand without the supporting documentation gives the carrier a defense to the bad faith claim.

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Tool 9 — Demand package outline

1. Cover letter with the demand and the deadline
2. Liability — narrative · police report · scene photographs · diagram · witness statements · event data recorder analysis · applicable traffic statutes
3. The client — a short biography: work, family, activities before the collision
4. Injuries — diagnoses in plain language, with imaging reproduced
5. Treatment chronology — a table of every visit, provider, and finding
6. Medical records and bills — complete, indexed, with a summary total
7. Treating physician's opinion — causation, permanency, future care, impairment
8. Wage loss — employer verification letter, pay records, tax returns
9. Future damages — life care plan and economist's report where applicable
10. ⭐ The client's personal statement
11. ⭐ ⭐ Before-and-after statements from three to five people who knew the client before
12. Photographs — vehicles, injuries over time, and the client doing what they can no longer do
13. The demand, with the reasoning shown

Wage loss verification request:

Please confirm on company letterhead: (1) [client]'s position and dates of employment; (2) rate of pay and average weekly hours; (3) the dates missed following [date], and whether they were paid, unpaid, or charged to accrued leave; (4) any lost overtime, bonus, or commission; (5) any change in position, hours, or duties following the return to work; and (6) any accommodations provided.

Before-and-after witness statement form:

1. How long have you known [client], and in what capacity?
2. Before [date], describe what [client] was able to do — at work, at home, and for recreation. Be specific.
3. Since [date], what have you personally observed that is different?
4. Describe a specific occasion when you saw [client] unable to do something they used to do.
5. Has [client]'s mood, energy, or personality changed? Describe what you have seen.
6. Is there anything else you think is important?

⭐ Question 4 produces the single most useful paragraph in most demand packages.

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Tool 10 — Property damage release language

⚠ Never sign a general release for a property damage payment. ⭐ Insist on language limited to property damage.

PROPERTY DAMAGE RELEASE — LIMITED

In consideration of $______, the undersigned releases [insured] and [carrier] from all claims for property damage only arising from the collision of [date], including vehicle repair, total loss valuation, diminished value, loss of use, and rental expense.

⭐ This release expressly does NOT release, waive, compromise, or affect any claim for bodily injury, personal injury, pain and suffering, medical expenses, lost earnings, loss of consortium, or any other non-property claim arising from the same collision, all of which are expressly reserved.

☐ If the carrier will not modify its form, ⭐ ask for payment without a release, which many will do for property damage. ☐ ⚠ If they insist on a general release, do not sign it.

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Tool 11 — Lien resolution tracker

⚠ Nothing is disbursed until every row is resolved in writing.

Lienholder	Type	Asserted	Reduction argued	Basis	Final	Documented
	⭐ Medicare — 42 U.S.C. § 1395y			Procurement cost reduction		☐
	Medicaid			Allocation		☐
	Employer self-funded plan			⚠ Plan language; request the document		☐
	Insured health plan			State law limits		☐
	Workers compensation			Common fund		☐
	Hospital lien			Statutory limits; relatedness		☐
	Provider lien / letter of protection			Negotiation		☐
	PIP / MedPay reimbursement			Policy and state law		☐

☐ Request the Medicare conditional payment summary early — ⚠ it takes weeks and it delays disbursement if requested late. ☐ ⭐ Challenge unrelated charges on every conditional payment letter; ⚠ they routinely include treatment for unrelated conditions. ☐ Consider a set-aside where future injury-related treatment is anticipated. ☐ Argue the common fund and made-whole doctrines where recognized. ☐ Audit the underlying bills — see Disputing a Medical Bill and Stopping Improper Collections: A Practical Checklist and The Medical Billing Dispute and Collections Toolkit. ☐ Coordinate with any workers compensation claim — see Workers Compensation Claims: A Comprehensive Guide to Notice, Benefits, Disputes, and Settlement. ☐ ⚠ Check whether a collector has reported the medical debt during the claim — 15 U.S.C. § 1692 and 15 U.S.C. § 1681b. See Disputing a Credit Report Error and Defending a Debt Collection Suit: A Practical Checklist.

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Tool 12 — Deposition preparation

Topics the client must be ready for, in order of danger:

☐ ⭐ "How are you doing today?" — ⚠ the reflexive "fine" that contradicts the claim. Prepare an honest, accurate answer. ☐ The mechanism of impact, in detail — position, speed, what was seen and when. ☐ ⚠ Any recorded statement previously given, word for word. ☐ ⭐ Every prior injury, accident, and claim — ⚠ surprise here is fatal. ☐ Every gap in treatment, and the honest reason. ☐ A typical day, before and after. ☐ Specific activities: driving, lifting, sleeping, working, exercise, hobbies, childcare. ☐ Social media, including anything a friend posted. ☐ Medications and their effects. ☐ Employment history, and any prior claim for disability. ☐ Whether they have discussed the case with anyone other than counsel.

⭐ The three rules: answer only the question asked · say "I don't know" and "I don't remember" when true · ⚠ never guess at distances, speeds, or times.

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Tool 13 — Settlement disbursement statement

SETTLEMENT DISBURSEMENT STATEMENT — [Client], [Date]

	Amount
Gross settlement — liability carrier	$______
Gross settlement — UIM carrier	$______
Total recovery	$______
Attorney's fee (___%)	($______)
Case costs — itemized on the attached schedule	($______)
Medicare reimbursement	($______)
Health plan reimbursement	($______)
Workers compensation lien	($______)
Hospital and provider liens	($______)
PIP / MedPay reimbursement	($______)
NET TO CLIENT	$______

I have reviewed this statement, I understand each deduction, and I approve the disbursement.

☐ ⭐ Provide it before the check is issued, not with it. ☐ Attach the itemized cost schedule and every lien resolution letter. ☐ ⚠ Where the client receives means-tested benefits, do not disburse into a personal account — a special needs trust is required. See Building and Maintaining an Estate Plan: A Practical Checklist and The Estate Planning and Trust Funding Toolkit. ☐ ⚠ Court approval is required for a minor or an incapacitated person, and a structure is frequently required.

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Tool 14 — Authority reference

Authority	Use
49 U.S.C. § 30101	Vehicle safety framework, defect cases
49 U.S.C. § 30106	⚠ Rental company vicarious liability bar
49 U.S.C. § 30118 · § 30120	Recalls and remedies
49 U.S.C. § 31132 · § 31136 · § 31305	Commercial motor vehicle framework
49 C.F.R. Part 390	General applicability
49 C.F.R. Part 391	⭐ Driver qualification file
49 C.F.R. Part 395	⭐ Hours of service
49 C.F.R. Part 396	Inspection and maintenance
49 C.F.R. Part 382	Drug and alcohol testing
42 U.S.C. § 1395y	⚠ Medicare secondary payer
15 U.S.C. § 1681b · § 1681m	Insurance scoring; adverse action
15 U.S.C. § 1692	Collection abuse during the claim
Fed. R. Civ. P. 26 · 34 · 37	Disclosures, inspection, spoliation

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Tool 15 — Where this touches the rest of the file

Also in play	Read
A vehicle or component defect	The Thing That Hurt You: How Product Liability Cases Are Actually Built · Product Liability: A Comprehensive Guide to Defects, Warnings, Causation, and Defenses · Preserving Evidence and Pursuing a Product Liability Claim: A Practical Checklist · The Product Liability Claim Toolkit
The collision was fatal	Who May Sue and for What: How Wrongful Death Claims Actually Work · Wrongful Death and Survival Actions: A Comprehensive Guide to Standing, Damages, and Distribution · Bringing a Wrongful Death or Survival Action: A Practical Checklist · The Wrongful Death and Survival Action Toolkit
The client was working	Workers Compensation Claims: A Comprehensive Guide to Notice, Benefits, Disputes, and Settlement
Medical bills and collections	The Bill That Arrives Months Later: How Medical Billing Disputes Are Actually Resolved · Medical Billing and Collections: A Comprehensive Guide to Surprise Bills, Charity Care, Disputes, and Credit
Evidence must be preserved formally	Issuing a Litigation Hold and Preserving ESI: A Practical Checklist
Credit was damaged during recovery	The Consumer Debt and Credit Reporting Toolkit

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Related Documents

• Handling a Motor Vehicle Collision Claim from Scene to Settlement: A Practical Checklist
• Motor Vehicle Collisions: A Comprehensive Guide to Fault, Coverage, Damages, and Settlement
• The First Forty-Eight Hours: What Actually Decides a Car Accident Claim
• The Product Liability Claim Toolkit
• The Wrongful Death and Survival Action Toolkit