DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF GEORGIA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Georgia 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, Georgia.
I. GEORGIA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under O.C.G.A. Section 9-3-33, the statute of limitations for personal injury claims is two (2) years from the date of injury.
B. Modified Comparative Negligence (50% Bar)
Georgia follows modified comparative negligence under O.C.G.A. Section 51-12-33. A plaintiff is barred from recovery if their fault is equal to or greater than 50%. Our client bears no fault.
C. No Damage Caps
Georgia does not cap compensatory damages in auto accident personal injury cases.
D. Apportionment of Damages
Under O.C.G.A. Section 51-12-33, the trier of fact shall apportion damages among persons whose negligence contributed to the injury.
II. PRESERVATION OF EVIDENCE
☐ All vehicle evidence and EDR data
☐ Complete claims file
☐ Photographs and records
III. STATEMENT OF FACTS
[Describe collision]
The [Georgia State Patrol / Local Police] prepared Report No. [Number].
IV. LIABILITY ANALYSIS
Your insured violated O.C.G.A. Section [Number], constituting negligence per se under Georgia law. Wright v. Dilbeck, 122 Ga. App. 214 (1970).
V. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Property Damage | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
VI. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
VII. GEORGIA BAD FAITH NOTICE
Georgia courts recognize bad faith claims against insurers for failure to settle within policy limits. Southern Gen. Ins. Co. v. Holt, 262 Ga. 267 (1992).
If our client's damages exceed policy limits, your failure to settle may expose your insured to personal liability and your company to bad faith claims.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Georgia Bar No. [Number]
GEORGIA PRACTICE NOTES
☐ 50% Bar Rule: Plaintiff barred if equal to or greater than 50% at fault
☐ No Damage Caps: Full compensation available
☐ Punitive Damages: O.C.G.A. Section 51-12-5.1 - Cap of $250,000 unless specific intent, DUI, or product liability
☐ Apportionment: Fault apportioned among all negligent parties including non-parties
☐ Venue: County where defendant resides or where injury occurred