DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, State ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Loss: [Date of Accident]
Your Insured: [At-Fault Driver Name]
Claim Number: [Claim Number]
Policy Number: [Policy Number]
Policy Limits: [Known Policy Limits or "Limits Demanded"]

Dear [Adjuster Name]:

This firm represents [Client Name] ("Claimant") in connection with the serious personal injuries sustained as a direct and proximate result of the motor vehicle collision that occurred on [Date of Accident]. This letter constitutes our formal demand for settlement and includes a comprehensive summary of liability, injuries, damages, and the legal basis for our claim.

THIS IS A TIME-SENSITIVE MATTER. [Your state may have specific time-limited demand requirements that trigger bad faith exposure. VERIFY AND INSERT APPLICABLE STATE LAW.]

I. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this collision, including but not limited to:

☐ The insured vehicle and all of its components
☐ Electronic Control Module (ECM) / Event Data Recorder (EDR) / "Black Box" data
☐ Photographs of all vehicles involved
☐ Repair estimates and invoices
☐ Dash camera or surveillance footage
☐ Cellular phone records and GPS data of the at-fault driver
☐ Complete claims file, including all adjuster notes and recorded statements
☐ Any prior claims involving your insured or the insured vehicle
☐ Insured's driving history and DMV records
☐ Toxicology or blood alcohol test results (if applicable)

Spoliation of any evidence will result in appropriate sanctions and adverse inference instructions at trial.

II. STATEMENT OF FACTS

A. The Collision

On [Date of Accident], at approximately [Time], our client was [describe client's activity - e.g., "lawfully operating their [Year, Make, Model] vehicle [direction] on [Street Name] near the intersection with [Cross Street] in [City, State]"].

At that time, your insured, [At-Fault Driver Name], was operating a [Year, Make, Model] vehicle. Your insured [describe negligent conduct - e.g., "failed to maintain a proper lookout," "ran a red light," "failed to yield the right-of-way," "rear-ended our client's vehicle while our client was lawfully stopped at a traffic signal," etc.].

As a direct result of your insured's negligence, [describe collision - e.g., "your insured's vehicle struck our client's vehicle with tremendous force in the [front/rear/driver's side/passenger side], causing catastrophic damage to our client's vehicle and serious bodily injury to our client"].

[Include additional relevant facts: weather conditions, road conditions, witness observations, police response, etc.]

B. Police Investigation

[Police Department Name] responded to the scene and prepared Traffic Crash Report No. [Report Number]. [Describe findings - e.g., "The investigating officer cited your insured for [violation(s)], confirming your insured's negligence in causing this collision."]

[If no citation: "Although your insured was not cited at the scene, this does not diminish your insured's civil liability. Traffic citations are not prerequisites to civil liability, and the absence of a citation does not equate to absence of fault."]

C. Emergency Response and Treatment

[Describe immediate aftermath - e.g., "Our client was transported by ambulance to [Hospital Name] where [he/she] was evaluated and treated in the Emergency Department for [injuries]. Emergency records document [describe findings]."]

III. LIABILITY ANALYSIS

A. Negligence of Your Insured

Your insured is liable for this collision under the fundamental principles of negligence. To establish negligence, a plaintiff must prove: (1) a duty of care owed by the defendant to the plaintiff; (2) breach of that duty; (3) causation; and (4) damages.

1. Duty of Care

All motorists owe a duty of reasonable care to other users of the roadway. This duty includes, but is not limited to:

• Operating a vehicle at a safe and reasonable speed
• Maintaining a proper lookout for other vehicles and pedestrians
• Obeying all traffic control devices and signals
• Yielding the right-of-way when required by law
• Maintaining a safe following distance
• Operating a vehicle free from distraction

2. Breach of Duty

Your insured breached this duty by [specifically describe the breach - e.g., "failing to stop at a red traffic signal," "following too closely," "operating a vehicle while distracted by a cellular telephone," "failing to yield the right-of-way," etc.].

[If applicable, cite specific traffic code violations: "Your insured violated [State] Vehicle Code Section [Number], which provides: '[Quote relevant statute].'"]

3. Causation

But for your insured's negligent conduct, this collision would not have occurred. Your insured's breach of duty was both the actual cause and the legal (proximate) cause of our client's injuries and damages.

4. Damages

Our client has suffered significant damages as detailed in Section V below, including substantial medical expenses, lost wages, pain and suffering, and diminished quality of life.

B. Negligence Per Se (If Applicable)

[If traffic citation issued:]

Your insured's violation of [State] Vehicle Code Section [Number] constitutes negligence per se. Under the doctrine of negligence per se, the violation of a statute designed to protect a class of persons (here, other motorists) establishes breach of duty as a matter of law. The only remaining questions are causation and damages, both of which are clearly established by the evidence.

C. Comparative/Contributory Negligence

[STATE-SPECIFIC SECTION - MODIFY BASED ON JURISDICTION]

[For Pure Comparative Negligence States:]
Our client bears no fault whatsoever for this collision. Even under [State]'s pure comparative negligence doctrine, which permits recovery reduced by the plaintiff's percentage of fault, our client is entitled to full compensation because [he/she] was operating [his/her] vehicle lawfully and prudently at the time of the collision.

[For Modified Comparative Negligence States (50% Bar):]
Under [State]'s modified comparative negligence rule, a plaintiff may recover damages so long as the plaintiff's fault does not equal or exceed 50%. Our client was not at fault in any manner for this collision; therefore, [he/she] is entitled to full compensation for all damages.

[For Modified Comparative Negligence States (51% Bar):]
Under [State]'s modified comparative negligence rule, a plaintiff may recover damages so long as the plaintiff's fault does not exceed 50%. Our client was not at fault in any manner for this collision.

[For Contributory Negligence States (AL, DC, MD, NC, VA):]
Under [State]'s contributory negligence doctrine, a plaintiff who is even 1% at fault may be barred from recovery. However, our client exercised all due care and is in no way responsible for this collision. Accordingly, contributory negligence is not a defense available to your insured.

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

As a direct and proximate result of your insured's negligence, our client sustained the following injuries:

Primary Diagnoses:
☐ [Diagnosis 1 - e.g., "Cervical strain/sprain (whiplash injury)"]
☐ [Diagnosis 2 - e.g., "Lumbar disc herniation at L4-L5"]
☐ [Diagnosis 3 - e.g., "Left shoulder rotator cuff tear"]
☐ [Diagnosis 4 - e.g., "Post-traumatic headaches"]
☐ [Diagnosis 5 - e.g., "Post-traumatic stress disorder (PTSD)"]
☐ [Additional diagnoses as applicable]

B. Chronological Treatment Summary

1. Emergency Treatment - [Date]

Provider: [Hospital/Emergency Department Name]
Treatment: [Describe emergency treatment]
Findings: [Describe diagnostic findings, imaging results, etc.]

2. Primary Care Follow-Up

Provider: [Physician Name, Practice Name]
Dates of Treatment: [Date range]
Treatment: [Describe treatment]
Recommendations: [Describe referrals, restrictions, etc.]

3. Specialist Treatment

[Orthopedic/Neurological/Chiropractic/Physical Therapy - as applicable]

Provider: [Specialist Name, Practice Name]
Dates of Treatment: [Date range]
Treatment: [Describe treatment modalities, procedures, etc.]
Progress: [Describe patient's response to treatment]

4. Diagnostic Imaging

☐ X-rays: [Date, findings]
☐ MRI: [Date, findings]
☐ CT Scan: [Date, findings]
☐ EMG/NCV: [Date, findings]

5. Surgical Intervention (If Applicable)

Procedure: [Describe surgical procedure]
Date: [Date]
Surgeon: [Surgeon Name]
Outcome: [Describe outcome and recovery]

C. Prognosis and Future Medical Needs

[Describe treating physician's prognosis and any future treatment recommendations]

Our client's treating physician, [Dr. Name], has opined that our client [describe prognosis - e.g., "has reached maximum medical improvement but will require ongoing pain management," "will require future surgery," "will have permanent limitations," etc.].

Future Medical Expenses (If Applicable):

Based on the opinions of our client's treating physicians, our client will require the following future medical care:

V. DAMAGES

A. Medical Expenses (Specials)

B. Lost Wages and Loss of Earning Capacity

Our client was unable to work from [Start Date] through [End Date], a period of [Number] weeks/months. Our client's employment records establish the following lost income:

[If permanent impairment affecting earning capacity:]

Furthermore, due to the permanent nature of our client's injuries, [he/she] has suffered a diminution in earning capacity. Based on our client's work-life expectancy, this loss is calculated at $[Amount].

C. Property Damage

D. Pain and Suffering / Non-Economic Damages

Our client has endured tremendous pain and suffering as a result of this collision, including but not limited to:

Physical Pain and Suffering:
- [Describe specific pain experiences]
- [Describe limitations on physical activities]
- [Describe sleep disturbances]
- [Describe need for pain medication]

Emotional Distress:
- [Describe anxiety, depression, PTSD symptoms]
- [Describe fear of driving or being in vehicles]
- [Describe impact on relationships]

Loss of Enjoyment of Life:
- [Describe specific activities client can no longer enjoy]
- [Describe impact on hobbies, recreation, social life]
- [Describe impact on family activities]

Loss of Consortium (If Applicable):
- [Describe impact on marital relationship]

E. Summary of Damages

VI. SETTLEMENT DEMAND

A. Demand Amount

Based on the foregoing, we hereby demand the sum of $[DEMAND AMOUNT] to fully and finally settle all claims arising from this collision.

[ALTERNATIVE - Policy Limits Demand:]

Based on the severity of our client's injuries and the totality of damages, which far exceed available policy limits, we hereby demand TENDER OF THE FULL POLICY LIMITS OF $[POLICY LIMITS] to fully and finally settle all claims arising from this collision.

B. Time Limit for Response

This demand will remain open for [30/45/60] days from the date of this letter, expiring on [Expiration Date].

[For states with bad faith time-limited demand requirements, add:]

IMPORTANT NOTICE REGARDING TIME-LIMITED DEMAND:

This is a time-limited demand pursuant to [State statute or case law]. Your failure to respond within the time specified, or your failure to tender policy limits when liability is clear and damages exceed policy limits, may constitute bad faith and may expose your insured to personal liability for the excess judgment, as well as expose your company to extracontractual liability for bad faith claims handling.

C. Documentation Enclosed

The following documents are enclosed in support of this demand:

☐ Medical records and bills from all treating providers
☐ Itemized billing statements
☐ Police/Traffic Crash Report
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Employment records/Wage verification
☐ Employer verification of lost wages
☐ Signed medical authorizations (HIPAA)
☐ Prior medical records (if relevant to pre-existing conditions)
☐ Expert reports (if applicable)
☐ [Other supporting documentation]

VII. RESPONSE INSTRUCTIONS

Please direct your response to the undersigned at the address above. Any settlement check should be made payable to "[Client Name] and [Firm Name], Attorney Trust Account" and forwarded to our office.

If you wish to discuss this matter, please contact me directly at [Phone Number]. I am available for a phone conference or an in-person meeting to facilitate resolution.

If settlement cannot be achieved, we are fully prepared to file suit immediately upon expiration of this demand and to prosecute this matter through trial. Our client is an excellent witness and the facts of this case are compelling for a jury.

VIII. CONCLUSION

The liability in this matter is clear and indisputable. Your insured's negligence directly caused this collision and our client's resulting injuries. The damages are well-documented and substantial. A jury in [County Name] County would likely award our client an amount well in excess of this demand.

I urge you to give this matter your prompt and serious attention. Early resolution benefits all parties.

Thank you for your attention to this matter. I look forward to your response.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
[State Bar Number]
Attorney for [Client Name]

ENCLOSURES:
[List all enclosed documents]

cc: [Client Name] (via email)
[File]

PRE-SUBMISSION CHECKLIST

Before sending this demand, verify the following:

☐ All medical records and bills have been obtained and reviewed
☐ Client has reached maximum medical improvement (MMI) or appropriate treatment plateau
☐ All liens have been identified and quantified
☐ Statute of limitations has been calculated and verified
☐ Policy limits have been confirmed (or limits discovery has been conducted)
☐ Comparative/contributory negligence analysis completed
☐ State-specific requirements reviewed (time-limited demand rules, etc.)
☐ Client has approved demand amount
☐ All supporting documentation copied and organized
☐ Letter sent via certified mail with return receipt requested

This template is designed as a starting point and must be customized for each specific case. State-specific requirements, local court rules, and case-specific facts will require modification of this template. Always verify current law and consult with experienced counsel.