Auto Accident Demand Letter - Illinois

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF ILLINOIS

[________________________________]
Attorneys at Law
[________________________________]
[________________________________], Illinois [____]
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, Illinois. This letter constitutes a formal demand for settlement of all claims arising from this incident.

I. ILLINOIS-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Section 13-202 generally requires an action for damages for injury to the person to be commenced within two years after accrual. Section 13-205 generally supplies a five-year period after accrual for an action to recover damages for injury to real or personal property. Determine accrual, tolling, defendant-specific immunities or notice rules, and any shorter controlling period before stating a deadline.

Preliminary calculated filing date: [__/__/____]. Counsel must confirm this date and file earlier when required.

B. Modified Comparative Negligence (51% Bar)

Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. A plaintiff may recover damages only if the plaintiff's fault is not more than 50% of the proximate cause of the injury. If the plaintiff is more than 50% at fault, recovery is completely barred. Where recovery is permitted, damages are reduced by the plaintiff's percentage of fault.

Based on the evidence summarized below, Claimant contends that Claimant's contributory fault is [ZERO / ___] percent.

C. Joint Liability

Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for the plaintiff's past and future medical and medically related expenses. For all other (non-medical) damages, a defendant whose fault is less than 25% of the total fault is severally liable only for its proportionate share, while a defendant whose fault is 25% or greater remains jointly and severally liable.

D. Seat Belt Evidence

Under 625 ILCS 5/12-603.1, failure to wear a seat belt is not admissible as evidence of negligence or contributory negligence and cannot be used to reduce damages.

E. Minimum Insurance Requirements

Section 7-601 requires covered vehicles to carry liability insurance in amounts not less than section 7-203. Section 7-203 currently states minimum limits of $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more persons in one crash, and $20,000 for injury to or destruction of others' property in one crash. Confirm the actual policy limits and every additional coverage source.

II. PRESERVATION OF EVIDENCE DEMAND

You are hereby placed on notice to preserve all evidence related to this claim, including but not limited to:

☐ 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
☐ Employment and driving 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, Illinois. At that time, your insured, [________________________________], was operating a [____] [________________________________] (VIN: [________________________________]).

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

The [________________________________] [Illinois State Police / County Sheriff / 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:

☐ Following another vehicle more closely than reasonable and prudent — 625 ILCS 5/11-710
☐ Driving at an unreasonable or unsafe speed, or failing to decrease speed as necessary to avoid a collision — 625 ILCS 5/11-601
☐ Disobeying an applicable traffic-control signal — 625 ILCS 5/11-306
☐ Moving from a marked lane without first ascertaining that the movement could be made safely — 625 ILCS 5/11-709(a)
☐ Operating a motor vehicle on a roadway while using an electronic communication device, subject to statutory definitions and exceptions — 625 ILCS 5/12-610.2
☐ Driving or being in actual physical control while within a prohibition stated in 625 ILCS 5/11-501(a)
☐ Violating another fact-specific traffic or right-of-way provision: [CITATION_AND_FACTS]
☐ Other: [________________________________]

B. Comparative Fault Analysis

Under section 2-1116, Claimant contends that Claimant's contributory fault is [ZERO / ___] percent because [CITE_SPECIFIC_EVIDENCE]. The insured's disputed or admitted share is [___] percent because [CITE_SPECIFIC_EVIDENCE].

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

Our client has endured significant pain and suffering, including but not limited to:

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

Non-Economic Damages Claimed: $[________]

X. LOSS OF CONSORTIUM

[If applicable:]

Claimant's spouse, [________________________________], asserts the following derivative loss, subject to counsel's confirmation of the claim, proof, and governing authority: [SPECIFIC_FACTS].

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. INSURANCE-PRACTICES AND SECTION 155 GATE

215 ILCS 5/154.6 — Unfair Claims Settlement Practices

Section 154.5 defines when acts listed in section 154.6 constitute an improper claims practice. Section 154.6 includes, among other acts, failure to acknowledge pertinent claim communications with reasonable promptness, failure to adopt reasonable investigation and settlement standards, failure to attempt prompt and equitable settlement when liability has become reasonably clear, and failure to provide a reasonable and accurate explanation of a denial or compromise offer. Any assertion should identify the exact subsection and facts and should not imply that sections 154.5-.6 themselves state a private damages remedy.

215 ILCS 5/155 — Attorney Fees and Penalties

Section 155 applies in an action by or against an insurer in which the insurer's liability on a policy, the amount payable under it, or unreasonable delay in settling a claim is at issue. If the court finds the action or delay vexatious and unreasonable, it may allow reasonable attorney fees, other costs, and an additional amount not exceeding one of section 155(1)(a)-(c)'s three ceilings.

Capacity check: Before asserting section 155, identify why this Claimant is a proper party to a qualifying policy-based action (for example, as an insured or through another legally valid basis) and verify controlling case law. If this is only a third-party tort demand to the alleged tortfeasor's liability carrier and no qualifying basis exists, delete the section 155 demand rather than threatening an unavailable remedy.

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/repair invoices
☐ Witness statements (if available)
☐ [________________________________]

XV. RESPONSE REQUESTED

Please confirm receipt and provide a substantive response within thirty (30) days. Failure to respond will be considered a rejection of this demand.

Respectfully submitted,

[________________________________]
Attorneys for [________________________________]

By: _________________________________
[________________________________]
Illinois ARDC No. [________________________________]
[________________________________]
[________________________________], Illinois [____]
Telephone: [________________________________]
Email: [________________________________]

ILLINOIS PRACTICE NOTES AND CHECKLIST

☐ 51% Bar Rule: Plaintiff barred if more than 50% at fault (735 ILCS 5/2-1116)
☐ Seat Belt Evidence: Not admissible on liability or to reduce damages (625 ILCS 5/12-603.1)
☐ Joint and Several: All defendants jointly and severally liable for medical expenses; defendant <25% at fault severally liable only for its share of all other (non-medical) damages (735 ILCS 5/2-1117)
☐ Potential Section 155 Relief: Include only after confirming that Claimant has a legally valid basis to pursue a qualifying policy-based action (215 ILCS 5/155)
☐ Government or public-employee defendant: Stop and research the correct forum, immunities, notices, and limitation period before sending
☐ Minimum Insurance: $25,000/$50,000/$20,000 under sections 7-601 and 7-203; obtain the actual declarations and investigate other coverage

SOURCES AND REFERENCES

• 735 ILCS 5/13-202 — Personal-injury limitation
• 735 ILCS 5/13-205 — Property-damage limitation
• 735 ILCS 5/2-1116 — Limitation on recovery in tort actions
• 735 ILCS 5/2-1117 — Joint liability
• 625 ILCS 5/12-603.1 — Seat safety belts
• 625 ILCS 5/7-601 — Required liability policy
• 625 ILCS 5/7-203 — Minimum policy or bond amounts
• 625 ILCS 5/11-306 — Traffic-control signals
• 625 ILCS 5/11-601 — General speed restrictions
• 625 ILCS 5/11-709 — Laned roadways
• 625 ILCS 5/11-710 — Following too closely
• 625 ILCS 5/11-501 — Driving under the influence
• 625 ILCS 5/12-610.2 — Electronic communication devices
• 215 ILCS 5/154.5 — Improper claims practices predicates
• 215 ILCS 5/154.6 — Acts constituting improper claims practice
• 215 ILCS 5/155 — Attorney fees, costs, and additional amount