Auto Accident Demand Letter - Florida
DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF FLORIDA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Florida 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]
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, Florida. This letter constitutes our formal demand for settlement.
I. FLORIDA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations - IMPORTANT CHANGE
For accidents occurring BEFORE March 24, 2023: The statute of limitations is four (4) years under former Fla. Stat. Section 95.11(3)(a).
For accidents occurring ON OR AFTER March 24, 2023: The statute of limitations is two (2) years under amended Fla. Stat. Section 95.11(3)(a) (HB 837).
This accident occurred on [Date]. The applicable limitations period is [2/4] years, expiring on [Date].
B. Modified Comparative Negligence - IMPORTANT CHANGE
For accidents occurring BEFORE March 24, 2023: Florida followed pure comparative negligence.
For accidents occurring ON OR AFTER March 24, 2023: Florida follows modified comparative negligence (51% bar) under Fla. Stat. Section 768.81 (HB 837). A plaintiff cannot recover if found to be more than 50% at fault.
Our client bears no fault for this collision.
C. Florida No-Fault / PIP Requirements
Florida is a no-fault state requiring Personal Injury Protection (PIP) coverage. Under Fla. Stat. Section 627.737, a plaintiff may bring a tort claim against an at-fault driver only if the injury meets the "serious injury" threshold:
"Significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability; significant and permanent scarring or disfigurement; or death."
Our client meets the serious injury threshold because: [Describe how threshold is met - permanent injury, significant scarring, etc.]
D. PIP Benefits Status
Our client's PIP benefits [have been exhausted / are being applied]. PIP carrier: [Carrier Name]. PIP benefits paid: $[Amount].
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 documentation
☐ Complete claims file
☐ All recorded statements
III. STATEMENT OF FACTS
A. The Collision
On [Date of Accident], at approximately [Time], our client was [describe activity and location] in [City], [County] County, Florida.
Your insured [describe negligent conduct].
[Detailed description of collision]
B. Police Investigation
The [Florida Highway Patrol / Local Police Department] prepared Florida Traffic Crash Report No. [Number]. [Describe findings].
IV. LIABILITY ANALYSIS
A. Negligence
Your insured breached the duty of reasonable care by:
☐ [Specific breach with Florida Statute citation if applicable]
☐ [Specific breach]
☐ [Specific breach]
B. Negligence Per Se
[If citation issued:] Your insured's violation of Florida Statute Section [Number] constitutes negligence per se.
C. Comparative Fault - Inapplicable
Our client exercised due care and is not comparatively at fault.
V. INJURIES AND MEDICAL TREATMENT
A. Threshold Injuries
Our client sustained the following threshold injuries:
☐ [Permanent injury description]
☐ [Significant scarring/disfigurement description]
☐ [Loss of bodily function description]
B. Treatment Summary
[Detailed treatment chronology]
C. Prognosis
[Current status, permanency opinions, future treatment needs]
VI. DAMAGES
A. Medical Expenses
| Provider | Dates | Charges |
|---|---|---|
| [Provider 1] | [Dates] | $[Amount] |
| [Provider 2] | [Dates] | $[Amount] |
| TOTAL MEDICAL | $[Total] |
Less PIP Payments: ($[Amount])
Net Medical Specials: $[Amount]
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 non-economic damages - threshold must be met]
E. Summary of Damages
| Category | Amount |
|---|---|
| Medical Expenses (net of PIP) | $[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]
[OR - Policy Limits Demand:]
TENDER OF FULL POLICY LIMITS OF $[AMOUNT]
VIII. BAD FAITH NOTICE - FLORIDA LAW
IMPORTANT: Florida recognizes a cause of action for third-party bad faith. Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004).
Our client's damages [clearly exceed / approach] available policy limits. Your failure to timely settle this claim within policy limits when liability is clear may expose your company to extracontractual bad faith liability, including the full amount of any excess judgment.
Under Florida law, insurers must:
- Investigate promptly
- Attempt in good faith to settle when liability is clear
- Give equal consideration to the insured's interests
- Advise the insured of settlement opportunities
This demand will remain open for thirty (30) days, expiring on [Date].
We urge you to advise your insured of this demand and the potential personal exposure.
IX. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. Settlement funds should be made payable to "[Client Name] and [Firm Name], Trust Account."
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Florida Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES:
☐ Medical records and bills
☐ Police report
☐ Photographs
☐ Wage verification
☐ PIP log
cc: Client
FLORIDA-SPECIFIC PRACTICE NOTES
☐ SOL Change (HB 837): 2 years for accidents on/after 3/24/2023; 4 years for prior accidents
☐ Comparative Fault Change (HB 837): 51% bar for accidents on/after 3/24/2023; pure comparative for prior accidents
☐ Serious Injury Threshold: Must prove permanent injury, significant scarring, or death to recover non-economic damages
☐ PIP: $10,000 coverage required; 80% of medical up to $10,000; 60% of lost wages
☐ 14-Day Rule: Initial treatment must occur within 14 days of accident to receive full PIP benefits. Fla. Stat. Section 627.736(1)(a)
☐ Bad Faith: Florida is plaintiff-friendly on bad faith. Document all communications carefully.
☐ UM/UIM: Offer of UM rejection must be knowing and informed.
☐ Punitive Damages: Fla. Stat. Section 768.72 - Requires court permission to plead; must show intentional misconduct or gross negligence.
☐ Collateral Source: HB 837 significantly limited collateral source rule for accidents after 3/24/2023.
☐ Venue: County where cause of action accrued or where defendant resides.
About This Template
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.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: April 2026