The Demand Letter For Accident Settlement is a critical document in Malaysian accident claims, serving as a formal request for compensation before initiating legal proceedings. It is typically used when informal negotiations have not yielded satisfactory results or as an initial formal step in seeking compensation. The document must comply with Malaysian legal requirements, particularly the Road Transport Act 1987 and Civil Law Act 1956, and includes detailed information about the accident, injuries, damages, and specific compensation demanded. This letter acts as documented evidence of the claimant's attempt to resolve the matter amicably and can be crucial if the case proceeds to court. In Malaysia, such letters are often required by courts as evidence of pre-litigation settlement attempts and must be drafted with attention to local legal requirements and customs.
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1. Sender's Details and Date: Full name, address, and contact information of the sender/claimant
2. Recipient's Details: Full name, address of the recipient (typically the party at fault or their insurance company)
3. Subject Line: Clear identification of the letter's purpose, including accident date and location
4. Accident Description: Detailed account of how the accident occurred, including date, time, location, and circumstances
5. Legal Basis: Statement of legal grounds for the claim, including relevant laws and liability
6. Injuries and Damages: Detailed description of all injuries sustained and property damage incurred
7. Compensation Demand: Specific amount demanded as compensation with breakdown of costs
8. Payment Terms: Timeline for response and payment, typically 14-30 days
9. Legal Action Warning: Statement indicating intention to pursue legal action if demand is not met
10. Closing: Professional closing with signature and contact information
1. Witness Information: Include when witnesses are available to support the claim
2. Police Report Reference: Include when a police report was filed for the accident
3. Loss of Income Claim: Include when the accident resulted in loss of earnings or business income
4. Future Medical Expenses: Include when ongoing medical treatment is required
5. Insurance Policy Details: Include when referencing specific insurance policy coverage
6. Previous Correspondence: Include when referencing prior communication about the accident
1. Medical Records: Copies of all relevant medical reports, bills, and treatment plans
2. Accident Evidence: Photographs of accident scene, vehicle damage, and injuries
3. Police Report: Copy of the official police report if available
4. Expense Records: Receipts and invoices for all claimed expenses
5. Income Loss Documentation: Pay slips, business records, or employer letters proving loss of income
6. Repair Estimates: Vehicle repair quotes or invoices from authorized workshops
7. Expert Reports: Any relevant expert opinions or assessments of damages
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