DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF ALABAMA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Alabama ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Alabama
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]
RE: SETTLEMENT DEMAND - MOTOR VEHICLE COLLISION
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]
Dear [Adjuster Name]:
This firm represents [Client Name] in connection with the motor vehicle collision that occurred on [Date of Accident] in [County] County, Alabama. This letter constitutes our formal demand for settlement.
I. ALABAMA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Alabama Code Section 6-2-38(l), the statute of limitations for personal injury claims arising from motor vehicle collisions is two (2) years from the date of the accident. This claim arises from an accident that occurred on [Date], and therefore the limitations period expires on [Expiration Date].
B. Contributory Negligence - CRITICAL NOTICE
Alabama is one of only four states (plus DC) that follows the doctrine of pure contributory negligence. Under this rule, a plaintiff who is even 1% at fault for their own injuries is completely barred from recovery. Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993).
Our client bears absolutely no fault for this collision. The evidence conclusively establishes that your insured was solely responsible for causing this accident. Any attempt to assert contributory negligence will be vigorously contested and is completely unsupported by the facts.
C. Alabama Guest Statute
[If applicable - Note: Alabama's guest statute was largely modified but may still apply in limited circumstances]
Our client was [not a guest in the at-fault driver's vehicle / a paying passenger / operating their own vehicle], and therefore any guest statute defense is inapplicable.
D. Uninsured/Underinsured Motorist Coverage
[If applicable:] We have provided notice to our client's UM/UIM carrier, [Carrier Name], pursuant to Alabama law. State Farm Mut. Auto. Ins. Co. v. Causey, 826 So. 2d 866 (Ala. 2002).
II. PRESERVATION OF EVIDENCE
YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE, including:
☐ The insured vehicle and all components
☐ Event Data Recorder (EDR) / "Black Box" data
☐ Photographs and repair estimates
☐ Complete claims file and adjuster notes
☐ Recorded statements
☐ All communications with your insured
Failure to preserve evidence may result in spoliation sanctions under Alabama law. Smith v. Atkinson, 771 So. 2d 429 (Ala. 2000).
III. STATEMENT OF FACTS
A. The Collision
On [Date of Accident], at approximately [Time], our client was operating [his/her] [Year, Make, Model] vehicle [describe location and direction of travel] in [City/County], Alabama.
At that time, your insured, [At-Fault Driver Name], was operating a [Year, Make, Model] and [describe negligent conduct].
[Detailed description of collision]
B. Police Investigation
The [Police Department/Sheriff's Office] responded and prepared Alabama Uniform Traffic Crash Report No. [Number]. [Describe findings, citations issued, etc.]
C. Weather and Road Conditions
[Describe conditions at time of accident]
IV. LIABILITY ANALYSIS
A. Negligence of Your Insured
Your insured violated the duty of care owed to all motorists on Alabama roadways. Under Alabama law, all drivers must operate their vehicles with reasonable care. Bogue v. R & M Grocery, 553 So. 2d 545 (Ala. 1989).
Your insured breached this duty by:
☐ [Specific breach - e.g., "Failing to maintain a proper lookout"]
☐ [Specific breach - e.g., "Following too closely in violation of Ala. Code Section 32-5A-88"]
☐ [Specific breach - e.g., "Running a red light in violation of Ala. Code Section 32-5A-32"]
☐ [Additional breaches as applicable]
B. Negligence Per Se
[If traffic citation issued:]
Your insured's violation of Alabama Code Section [Number] constitutes negligence per se under Alabama law. Atkins v. American Motors Corp., 335 So. 2d 134 (Ala. 1976). The statute was designed to protect motorists like our client, and its violation establishes breach of duty as a matter of law.
C. Contributory Negligence Defense - Inapplicable
As stated above, our client was not contributorily negligent. At the time of the collision, our client was:
☐ Obeying all traffic laws
☐ Maintaining a proper lookout
☐ Operating [his/her] vehicle safely
☐ [Other evidence of due care]
There is no evidence whatsoever to support a contributory negligence defense.
V. INJURIES AND MEDICAL TREATMENT
A. Summary of Injuries
[List all injuries with ICD-10 codes if available]
B. Treatment Timeline
Emergency Treatment:
[Date] - [Provider] - [Treatment]
Follow-Up Care:
[Dates] - [Provider] - [Treatment]
Specialist Treatment:
[Dates] - [Provider] - [Treatment]
C. Prognosis
[Describe current status and future treatment needs]
VI. DAMAGES
A. Medical Expenses
| Provider | Dates | Charges |
|---|---|---|
| [Provider 1] | [Dates] | $[Amount] |
| [Provider 2] | [Dates] | $[Amount] |
| [Provider 3] | [Dates] | $[Amount] |
| TOTAL MEDICAL | $[Total] |
B. Lost Wages
| Category | Amount |
|---|---|
| Lost Wages | $[Amount] |
| Lost Benefits | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
C. Property Damage
| Category | Amount |
|---|---|
| Vehicle Repair/Total Loss | $[Amount] |
| Rental | $[Amount] |
| TOTAL PROPERTY | $[Total] |
D. Pain and Suffering
Under Alabama law, our client is entitled to compensation for physical pain and suffering, mental anguish, and loss of enjoyment of life. Alabama Power Co. v. Harmon, 483 So. 2d 386 (Ala. 1986).
[Describe pain and suffering]
E. Summary of Damages
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Property Damage | $[Amount] |
| TOTAL ECONOMIC | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| TOTAL DAMAGES | $[Total] |
VII. SETTLEMENT DEMAND
Based upon the clear liability of your insured and the substantial damages incurred, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for thirty (30) days, expiring on [Date].
VIII. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. Settlement funds should be made payable to "[Client Name] and [Firm Name], Trust Account."
If we cannot resolve this matter, we are prepared to file suit in the Circuit Court of [County] County, Alabama, and to try this case before an Alabama jury.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Alabama State Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES:
☐ Medical records and bills
☐ Police report
☐ Photographs
☐ Wage verification
☐ HIPAA authorizations
cc: Client
ALABAMA-SPECIFIC PRACTICE NOTES
☐ Contributory Negligence: Alabama's pure contributory negligence rule is strictly applied. Ensure the record clearly establishes client bore no fault.
☐ Wanton Conduct: If defendant's conduct was wanton (conscious disregard for safety), contributory negligence is not a defense. Ala. Code Section 6-11-27.
☐ Punitive Damages: Available for wanton conduct. Capped at 3x compensatory or $1.5 million (whichever is greater) for most cases. Ala. Code Section 6-11-21.
☐ Direct Action: Alabama does not permit direct actions against liability insurers.
☐ Venue: Proper in county where accident occurred or where defendant resides. Ala. Code Section 6-3-2.