DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF ARKANSAS

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

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]

Dear [Adjuster Name]:

This firm represents [Client Name] in connection with the motor vehicle collision that occurred on [Date of Accident] in [County] County, Arkansas.

I. ARKANSAS-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Arkansas Code Annotated Section 16-56-105, the statute of limitations for personal injury claims is three (3) years from the date of injury.

B. Modified Comparative Negligence (50% Bar)

Arkansas follows modified comparative negligence under Ark. Code Ann. Section 16-64-122. A plaintiff may recover if their fault is less than 50%. Recovery is reduced by the plaintiff's percentage of fault.

Our client bears no fault for this collision.

C. Constitutional Protection Against Damage Caps

Arkansas Constitution Article 5, Section 32 protects the right to full compensation: "The General Assembly shall not limit the amount to be recovered for injuries resulting in death or for injuries to persons or property."

II. PRESERVATION OF EVIDENCE

☐ All vehicle evidence and EDR data
☐ Complete claims file
☐ Photographs and repair records

III. STATEMENT OF FACTS

[Describe collision in detail]

IV. LIABILITY ANALYSIS

Your insured breached the duty of care by [describe breaches].

[If citation issued:] Your insured violated Ark. Code Ann. Section [Number], constituting negligence per se.

V. DAMAGES

A. Medical Expenses: $[Amount]

B. Lost Wages: $[Amount]

C. Property Damage: $[Amount]

D. Pain and Suffering: $[Amount]

TOTAL: $[Amount]

VI. SETTLEMENT DEMAND

$[DEMAND AMOUNT]

Open for thirty (30) days until [Date].

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Arkansas Bar No. [Number]

ARKANSAS PRACTICE NOTES

☐ 50% Bar Rule: Plaintiff barred if 50% or more at fault
☐ No Damage Caps: Constitutional protection
☐ Punitive Damages: "Clear and convincing" standard required
☐ Direct Action: Not permitted against insurers