DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF IDAHO
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Idaho 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 on [Date] in [County] County, Idaho.
I. IDAHO-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Idaho Code Section 5-219(4), the statute of limitations for personal injury is two (2) years from the date of injury.
B. Modified Comparative Negligence (50% Bar)
Idaho follows modified comparative negligence under Idaho Code Section 6-801. A plaintiff cannot recover if their negligence is equal to or greater than 50% of the total.
C. Non-Economic Damage Cap
Idaho caps non-economic damages at $434,449 (adjusted annually) under Idaho Code Section 6-1603. The cap does not apply if defendant acted with willful and wanton conduct.
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Non-Economic (subject to cap) | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Idaho State Bar No. [Number]
IDAHO PRACTICE NOTES
☐ 50% Bar Rule: Barred if 50% or more at fault
☐ Non-Economic Cap: ~$434,449 (adjusted annually), waived for willful/wanton conduct
☐ Punitive Damages: Idaho Code Section 6-1604 - Clear and convincing evidence required
☐ Collateral Source: Idaho Code Section 6-1606 - Jury not informed of collateral sources