DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
COMMONWEALTH OF KENTUCKY
[FIRM NAME]
[Street Address]
[City, Kentucky 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]
I. KENTUCKY-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations - SHORT DEADLINE
Under KRS 413.140(1)(a), the statute of limitations for personal injury is ONE (1) YEAR from the date of injury.
This is a short deadline requiring prompt action.
B. Pure Comparative Negligence
Kentucky follows pure comparative negligence under KRS 411.182. A plaintiff may recover even if more than 50% at fault (reduced by fault percentage).
C. Choice No-Fault
Kentucky is a "choice" no-fault state. [Verify whether client elected no-fault or tort option.]
D. No Damage Caps
Kentucky Constitution Section 54 prohibits legislative caps on damages.
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]
Kentucky Bar No. [Number]
KENTUCKY PRACTICE NOTES
☐ 1 YEAR SOL: Kentucky has one of the shortest personal injury SOLs
☐ Pure Comparative: Recovery allowed even if plaintiff mostly at fault
☐ No Damage Caps: Constitutional protection against caps
☐ Punitive Damages: Jury sets amount; no statutory cap