DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF DELAWARE

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Delaware ZIP]
Telephone: [Phone]

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: SETTLEMENT DEMAND
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, Delaware.

I. DELAWARE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under 10 Del. C. Section 8119, the statute of limitations for personal injury claims is two (2) years from the date of injury.

B. Modified Comparative Negligence (51% Bar)

Delaware follows modified comparative negligence under 10 Del. C. Section 8132. A plaintiff cannot recover if their negligence is greater than the combined negligence of all defendants.

Our client bears no fault for this collision.

C. No Damage Caps

Delaware does not cap compensatory damages in auto accident personal injury cases.

II. STATEMENT OF FACTS

[Describe collision]

III. LIABILITY ANALYSIS

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

IV. DAMAGES

A. Medical Expenses: $[Amount]

B. Lost Wages: $[Amount]

C. Property Damage: $[Amount]

D. Pain and Suffering: $[Amount]

TOTAL: $[Amount]

V. SETTLEMENT DEMAND

$[DEMAND AMOUNT]

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

Respectfully submitted,

[FIRM NAME]

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

DELAWARE PRACTICE NOTES

☐ 51% Bar Rule: Plaintiff barred if more than 50% at fault
☐ No Damage Caps: Full compensation available
☐ No-Fault Election: Delaware allows election of no-fault coverage; verify status
☐ Punitive Damages: Available for willful or wanton conduct
☐ Seat Belt Evidence: Admissible but limited impact