Auto Accident Demand Letter - Delaware

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF DELAWARE

[________________________________]
Attorneys at Law
[________________________________]
[________________________________], Delaware [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

[________________________________]
[________________________________]
[________________________________]
[________________________________], [____] [____]

RE: SETTLEMENT DEMAND — MOTOR VEHICLE COLLISION
Our Client: [________________________________]
Date of Loss: [__/__/____]
Your Insured: [________________________________]
Policy Number: [________________________________]
Claim Number: [________________________________]

Dear [________________________________]:

This firm represents [________________________________] ("Claimant") in connection with the motor vehicle collision that occurred on [__/__/____] in [________________________________] County, Delaware. This letter constitutes a formal demand for settlement of the claims identified below arising from this incident.

I. DELAWARE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

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

The limitations period in this matter expires on [__/__/____].

B. Modified Comparative Negligence (51% Bar)

Delaware follows modified comparative negligence under 10 Del. C. § 8132. A plaintiff cannot recover if the plaintiff's negligence is greater than the combined negligence of all defendants. Where recovery is permitted, damages are reduced by the plaintiff's percentage of fault.

Our client's assessed share of fault, based on the enclosed evidence, is [____]%.

C. Mandatory PIP (No-Fault) Coverage

Delaware requires Personal Injury Protection (PIP) coverage under 21 Del. C. § 2118(a)(2), subject to the statute's scope and permitted policy terms. PIP covers specified expenses and lost earnings. Section 2118 does not impose a minimum PIP-exhaustion threshold for a tort claim. Under § 2118(h), a person eligible for benefits under subsection (a)(2) or (a)(3) may not plead or introduce evidence of damages for which that compensation is available, whether or not the benefits are actually recoverable. Prompt processing of PIP claims is governed by 21 Del. C. § 2118B.

Our client's PIP benefits: $[________________________________] paid to date; $[________________________________] remaining.

D. Damages Claimed

The amount claimed below is based on documented losses and the available coverage. If the responsible party is a Delaware political subdivision or employee, the immunity, exception, and damages provisions in 10 Del. C. §§ 4011-4013 require separate analysis.

E. Minimum Insurance Requirements

Under 21 Del. C. §§ 2118(a)(1) and 2902(b)(2), the minimum liability limits are $25,000 per person / $50,000 per accident for bodily injury and $10,000 per accident for property damage. Section 2118(a)(2) requires PIP coverage with a $15,000 per-person / $30,000 per-accident minimum for its listed benefits. Funeral expenses are among those benefits and are limited to $5,000; they are not an additional $5,000 of minimum coverage.

II. PRESERVATION OF EVIDENCE DEMAND

☐ Complete claims file, including all adjuster notes and evaluations
☐ All photographs, videos, and surveillance footage
☐ All recorded or written statements
☐ Vehicle inspection reports, repair estimates, and salvage records
☐ Event Data Recorder (EDR) / "black box" data
☐ Cell phone records of the insured driver
☐ All insurance policy documents

III. STATEMENT OF FACTS

On [__/__/____], at approximately [____] [a.m./p.m.], our client was [________________________________] on [________________________________] in [________________________________] County, Delaware. At that time, your insured, [________________________________], was operating a [____] [________________________________] (VIN: [________________________________]).

[________________________________]
[Describe the collision in detail]
[________________________________]

The [________________________________] [Delaware State Police / Municipal Police] responded to the scene and prepared Crash Report No. [________________________________]. The report [________________________________] [describe findings, citations issued, fault determination].

IV. LIABILITY ANALYSIS

A. Defendant's Negligence

Your insured breached the duty of care owed to our client by:

☐ Failing to maintain a proper lookout — 21 Del. C. § 4176(b)
☐ Following too closely — 21 Del. C. § 4123
☐ Failing to yield at an intersection, while turning left, or when entering a roadway — 21 Del. C. §§ 4131-4133, as the facts support
☐ Speeding or exceeding a safe speed for conditions — 21 Del. C. § 4168
☐ Running a red light — 21 Del. C. § 4108(a)(3)a.
☐ Failing to stop at a stop sign — 21 Del. C. § 4164(a)
☐ Improper lane change — 21 Del. C. § 4122
☐ Holding an electronic communication device to text while the vehicle was in motion — 21 Del. C. § 4176C(a), (b)(6)c.
☐ Driving under the influence — 21 Del. C. § 4177
☐ Other: [________________________________]

B. Comparative Fault Analysis

Under 10 Del. C. § 8132, the evidence supports assigning [____]% fault to our client and [____]% to your insured. The facts supporting that allocation are [DESCRIBE EVIDENCE].

C. Negligence Per Se

A violation of a motor-vehicle safety statute that protects this claimant from the type of injury suffered is negligence as a matter of law. The evidence shows that your insured violated 21 Del. C. § [________________________________], causing the collision and the injuries described above.

V. MEDICAL TREATMENT SUMMARY

A. Emergency / Immediate Treatment

B. Ongoing Treatment

C. Diagnosis Summary

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

D. Prognosis

[________________________________]

VI. ITEMIZED MEDICAL EXPENSES

Estimated Future Medical Expenses

VII. LOST WAGES AND EARNING CAPACITY

Employer: [________________________________]
Position: [________________________________]
Rate of Pay: $[________] per [hour/week/month/year]

☐ Employer verification letter enclosed
☐ Tax returns / pay stubs enclosed

VIII. PROPERTY DAMAGE

IX. PAIN AND SUFFERING / NON-ECONOMIC DAMAGES

☐ Physical pain and suffering (past and ongoing)
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Inconvenience and disruption of daily activities
☐ Scarring and/or disfigurement
☐ Fear and anxiety
☐ Sleep disruption

Non-Economic Damages Claimed: $[________]

X. LOSS OF CONSORTIUM

[If this firm also represents the spouse asserting a separate claim:]

Claimant's spouse, [________________________________], has suffered a loss of consortium.

Loss of Consortium Claimed: $[________]

XI. TOTAL DAMAGES SUMMARY

XII. SETTLEMENT DEMAND

Based upon the foregoing, we hereby demand the sum of:

$[________________________________]

This demand is open for thirty (30) days from the date of this letter, expiring on [__/__/____].

XIII. CLAIM REVIEW REQUEST

Please review the enclosed records, confirm the applicable coverage, and explain any liability dispute or counteroffer in your response.

XIV. ENCLOSED DOCUMENTS

☐ Medical records and bills from all treating providers
☐ Police/crash report
☐ Photographs of vehicle damage and injuries
☐ Employer verification of lost wages
☐ Property damage estimates
☐ Witness statements (if available)
☐ [________________________________]

XV. RESPONSE REQUESTED

Please confirm receipt and provide a substantive response within thirty (30) days.

Respectfully submitted,

[________________________________]
Attorneys for [________________________________]

By: _________________________________
[________________________________]
Delaware Bar No. [________________________________]
[________________________________]
[________________________________], Delaware [____]
Telephone: [________________________________]
Email: [________________________________]

DELAWARE PRACTICE NOTES AND CHECKLIST

☐ 51% Bar Rule: Plaintiff barred if fault greater than combined defendant fault (10 Del. C. § 8132)
☐ Damages: Evaluate any applicable government immunity, exception, or statutory cap before making a categorical damages statement.
☐ PIP coordination: Confirm eligibility and available compensation under 21 Del. C. § 2118(a)(2) or (a)(3); § 2118(h) excludes those damages from the tort claim whether or not benefits were actually recoverable. No minimum PIP-exhaustion threshold applies.
☐ Seat Belt Evidence: Failure to wear or use an occupant protection system is not admissible as evidence in a motor-vehicle civil action or insurance-claim adjudication (21 Del. C. § 4802(i)).
☐ Multiple Tortfeasors: Delaware's Uniform Contribution Among Tortfeasors Law recognizes joint tortfeasors and contribution. Section 6302(d) permits relative fault to determine contribution shares when equal distribution would be inequitable; it does not create a defendant-versus-plaintiff fault threshold.
☐ Government Claims: Analyze the defendant and location. Section 4001 governs state immunity; §§ 4011-4013 govern local-government immunity, exceptions, and the $300,000 per-occurrence cap, which may increase if the political subdivision purchases excess liability insurance. Notice depends on a specific statute or ordinance, including § 8124 for the specified Wilmington claims.
☐ Minimum Insurance: $25,000/$50,000/$10,000 (21 Del. C. §§ 2118(a)(1), 2902(b)(2)); PIP is separately governed by § 2118(a)(2).

SOURCES AND REFERENCES

• 10 Del. C. § 8119 (Statute of limitations)
• 10 Del. C. § 8132 (Comparative negligence)
• 10 Del. C. ch. 40 (State and local-government tort claims): https://delcode.delaware.gov/title10/c040/
• 10 Del. C. ch. 63 (Uniform Contribution Among Tortfeasors Law): https://delcode.delaware.gov/title10/c063/
• 10 Del. C. § 8124 (Wilmington notice): https://delcode.delaware.gov/title10/c081/
• 21 Del. C. §§ 2902(b)(2), 4802(i), 4108(a)(3)a., 4164(a) (liability limits, seat-belt evidence, and traffic controls)
• 21 Del. C. § 2118 (Insurance requirements)
• 21 Del. C. (Delaware Motor Vehicle Code)
• Delaware General Assembly: https://legis.delaware.gov