DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF HAWAII
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Hawaii 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] regarding the motor vehicle collision on [Date] in [County], Hawaii.
I. HAWAII-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under HRS Section 657-7, the statute of limitations is two (2) years from the date of injury.
B. Modified Comparative Negligence (51% Bar)
Hawaii follows modified comparative negligence under HRS Section 663-31. Recovery is barred if plaintiff's negligence is greater than the defendant's.
C. No-Fault State
Hawaii requires no-fault PIP coverage. Under HRS Section 431:10C-306, tort claims are permitted for:
- Medical expenses exceeding PIP limits
- Permanent loss of bodily function
- Permanent disfigurement
- Death
Our client meets the threshold because: [Describe how threshold is met]
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Hawaii Bar No. [Number]
HAWAII PRACTICE NOTES
☐ No-Fault: PIP required; threshold for tort claims
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ Several Liability: Joint and several liability modified by HRS Section 663-10.9
☐ Venue: Circuit where cause arose or defendant resides