What Is a Letter of Demand
You received a letter of demand and are not sure what it actually does.
A letter of demand is a formal written notice setting out a claim and asking the other side to respond or pay within a stated time. In a road accident claim it is often sent before a case is filed in court.
What it should contain
A clear letter of demand states what happened, the basis of the claim, and what is being asked for. It also gives a deadline to respond, and usually names the next step if there is no reply, most often that a suit will be filed.
Who typically sends one
It can come from you directly, or through a lawyer acting for you. It is addressed to the at-fault driver, their insurer, or both, and receiving one does not mean a case has already been filed.
What happens if it is ignored
Ignoring a letter of demand does not resolve the underlying claim. The next step is often filing suit in the Sessions Court, which hears motor accident claims regardless of size.
Many recipients respond precisely because the letter signals that court is a genuine next step, not an idle threat.
Does receiving one mean I am already being sued
No. A letter of demand is a step before filing, meant to invite a response or a settlement first. The claim process step by step shows where this sits relative to starting a case.
What to do if you receive one
Read it carefully, note the deadline, and respond, even if only to ask questions or acknowledge receipt. Before you accept a settlement offer is useful if the letter includes a proposed figure.
Common questions
Is a letter of demand the same as being sued?
No. It is a step taken before filing suit, giving the other side a chance to respond or settle first. A case has not been filed in court simply because a letter of demand was sent or received.
What should I do if I receive a letter of demand?
Read it carefully, note the deadline given, and respond in some form rather than ignoring it. Even a short acknowledgement or a request for more information is better than letting the deadline pass silently.
Can I send a letter of demand myself without a lawyer?
Yes, it can be sent directly, though a lawyer's letter is often taken more seriously and can set out the legal basis of the claim more precisely.
What happens next if the letter of demand gets no response at all?
The usual next step is filing suit, most often in the Sessions Court for a motor accident claim. It does not mean a trial is now certain, since many filed cases still settle afterward.