DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF COLORADO

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Colorado 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, Colorado.

I. COLORADO-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under C.R.S. Section 13-80-101, the statute of limitations for personal injury claims is three (3) years from the date of injury. The limitations period expires on [Date].

B. Modified Comparative Negligence (50% Bar)

Colorado follows modified comparative negligence under C.R.S. Section 13-21-111. A plaintiff may recover if their fault is less than 50% (not equal to or greater than). Our client bears no fault.

C. Non-Economic Damage Cap

Colorado caps non-economic damages at $729,790 (2024 amount, adjusted annually for inflation) under C.R.S. Section 13-21-102.5. The cap may be exceeded upon clear and convincing evidence.

[If serious permanent injury: The Court may award up to $1,459,580 in non-economic damages upon clear and convincing evidence justifying the increase.]

D. Colorado No-Fault / PIP

Colorado is a "choice" no-fault state. [Address whether PIP applies and has been exhausted, or if client opted out.]

II. STATEMENT OF FACTS

[Describe collision in detail]

The [Colorado State Patrol / Local Police] prepared Report No. [Number].

III. LIABILITY ANALYSIS

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

[If citation:] Violation of C.R.S. Section [Number] constitutes negligence per se.

IV. DAMAGES

A. Medical Expenses: $[Amount]

B. Lost Wages: $[Amount]

C. Property Damage: $[Amount]

D. Non-Economic Damages: $[Amount] (subject to cap analysis)

TOTAL: $[Amount]

V. SETTLEMENT DEMAND

$[DEMAND AMOUNT]

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

Respectfully submitted,

[FIRM NAME]

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

COLORADO PRACTICE NOTES

☐ 50% Bar Rule: Plaintiff barred if 50% or more at fault
☐ Non-Economic Cap: $729,790 (2024), adjustable by clear and convincing evidence
☐ Hit-and-Run SOL: 4 years for hit-and-run cases (C.R.S. 13-80-101(n))
☐ Seat Belt Evidence: Admissible to reduce damages by up to 1% under certain conditions
☐ Collateral Source: Limited application per C.R.S. 13-21-111.6