Auto Accident Demand Letter - Arizona
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, an applicable personal-injury action must be commenced within two (2) years after the cause of action accrues. Do not calculate the deadline from the collision or injury date alone. Confirm claim classification, accrual, tolling, public-entity rules, and the filing date from separately verified authority before stating an expiration date.
B. Pure Comparative Negligence
Arizona follows pure comparative negligence under A.R.S. Section 12-2505. If the jury applies contributory negligence or assumption of risk, damages are reduced in proportion to the claimant's causative fault rather than barred by a percentage threshold. The statute provides no comparative-negligence right to a claimant who intentionally, wilfully, or wantonly caused or contributed to the injury or wrongful death.
"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
Based on [IDENTIFIED EVIDENCE], our client did not contribute to the collision. If you contend otherwise, identify each asserted act and the evidence of causation so the parties can evaluate comparative fault.
C. Constitutional Protection Against Damage Caps
Arizona Constitution, Article 2, Section 31 generally bars a state law from limiting damages for death or personal injury. Its text includes an exception involving a claim against a crime victim by a person harmed while attempting, engaging in, or fleeing felony conduct.
The facts alleged here [DO / DO NOT] implicate that exception because [FACTS]. The claimed damages must still be supported by the evidence and applicable law.
D. Mandatory Insurance Requirements
A.R.S. § 28-4009(A)(2)(b) states $25,000/$50,000 bodily-injury and $15,000 property-damage limits for an owner's policy issued or renewed beginning July 1, 2020, other than the specified self-insurance or partial-self-insurance policies. The section has a different tier for earlier policies and the identified self-insurance policies. Please confirm the actual policy type, applicable coverage, and limits for this loss.
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. Statutory or Ordinance Violation Theory
[If citation issued:]
Your insured violated [EXACT CURRENT STATUTE OR ORDINANCE AND SECTION] by [SPECIFIC ACTS AND FACTS].
C. Comparative Fault
Our client was exercising due care because [SPECIFIC FACTS AND EVIDENCE].
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
| Provider | Dates | Charges |
|---|---|---|
| [Provider 1] | [Dates] | $[Amount] |
| [Provider 2] | [Dates] | $[Amount] |
| TOTAL MEDICAL | $[Total] |
B. Lost Wages
| Category | Amount |
|---|---|
| Lost Wages | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
C. Property Damage
| Category | Amount |
|---|---|
| Vehicle Damage | $[Amount] |
| TOTAL PROPERTY | $[Total] |
D. Pain and Suffering
[Describe supported non-economic harm and its evidence]
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, our client reserves the right to pursue a claim in a court with jurisdiction and proper venue.
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
About this template
- Last updated
- September 27, 2026
- Citations checked
- September 27, 2026
- Jurisdiction
- Arizona
- Category
- Demand Letters
Legal authority
- A.R.S. § 12-542(1) (two years after accrual for covered personal-injury actions)
- A.R.S. § 12-2505(A) (comparative negligence)
- Arizona Constitution art. 2, § 31 (injury-damages limitation and felony-conduct exception)
- A.R.S. § 28-4009(A)(2)(b) (current-tier motor-vehicle liability minimums)
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 27, 2026.
A.R.S. § 12-542(1) (checked September 27, 2026): "Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561."
A.R.S. § 12-2505(A) (checked September 27, 2026): "If the jury applies either defense, 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 which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death."
Arizona Constitution art. 2, § 31 (checked September 27, 2026): "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, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense."
A.R.S. § 28-4009(A)(2)(b) (checked September 27, 2026): "For a policy that is issued or renewed beginning on July 1, 2020, except for a policy that is issued to a person that has a valid certificate of self-insurance or partial self-insurance pursuant to section 28-4007: (i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others in any one accident."
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