DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF ARIZONA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Arizona ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Arizona

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, Arizona. This letter constitutes our formal demand for settlement.

I. ARIZONA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Arizona Revised Statutes Section 12-542, the statute of limitations for personal injury claims is two (2) years from the date of injury. The accident occurred on [Date], and the limitations period expires on [Expiration Date].

B. Pure Comparative Negligence

Arizona follows pure comparative negligence under A.R.S. Section 12-2505. A plaintiff's recovery is reduced by their percentage of fault but is not barred regardless of the degree of fault.

"The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury... the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault." - A.R.S. Section 12-2505

Our client was not at fault for this collision. However, even under comparative fault analysis, our client would be entitled to full recovery.

C. Constitutional Protection Against Damage Caps

Arizona Constitution, Article 2, Section 31 provides: "No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person."

This constitutional provision prohibits damage caps in personal injury cases, ensuring our client's right to full compensation.

D. Mandatory Insurance Requirements

Arizona requires minimum liability coverage of $25,000/$50,000 bodily injury and $15,000 property damage under A.R.S. Section 28-4009. Please confirm your insured's policy limits.

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
☐ Cell phone records (if distracted driving suspected)

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], Arizona.

Your insured, [At-Fault Driver Name], [describe negligent conduct - e.g., "ran a red light," "failed to yield," "rear-ended our client's stopped vehicle," etc.].

[Detailed description of collision]

B. Police Investigation

The [Arizona DPS / City Police Department / Sheriff's Office] responded and prepared Crash Report No. [Number]. [Describe findings, citations, etc.]

IV. LIABILITY ANALYSIS

A. Negligence of Your Insured

Your insured breached the duty of reasonable care by:

☐ [Specific breach]
☐ [Specific breach]
☐ [Specific breach]

B. Negligence Per Se

[If citation issued:]

Your insured violated A.R.S. Section [Number], constituting negligence per se. Rossier v. Union Realty Co., 107 Ariz. 16, 480 P.2d 1002 (1971).

C. Comparative Fault - Not Applicable

Our client was exercising due care and bears no responsibility for this collision.

V. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

[List injuries]

B. Treatment Timeline

[Detail treatment chronology]

C. Prognosis

[Current status and future needs]

VI. DAMAGES

A. Medical Expenses

B. Lost Wages

C. Property Damage

D. Pain and Suffering

[Describe non-economic damages - Arizona has no caps]

E. Summary of Damages

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 Superior Court of Arizona in and for [County] County.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
State Bar of Arizona No. [Number]
Attorney for [Client Name]

ENCLOSURES:
☐ Medical records and bills
☐ Police report
☐ Photographs
☐ Wage verification

cc: Client

ARIZONA-SPECIFIC PRACTICE NOTES

☐ No Damage Caps: Arizona Constitution prohibits caps on personal injury damages.

☐ Pure Comparative Fault: Recovery reduced by percentage of fault but never barred.

☐ Punitive Damages: No statutory cap; available for "evil mind" conduct. Rawlings v. Apodaca, 151 Ariz. 149 (1986).

☐ Bad Faith: Arizona recognizes third-party bad faith claims. Clearwater v. State Farm, 164 Ariz. 256 (1990).

☐ Offer of Judgment: A.R.S. Section 12-341.01 - Important cost-shifting rule.

☐ Venue: County where defendant resides or where injury occurred.