DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF LOUISIANA

[FIRM NAME]
[Street Address]
[City, Louisiana 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. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Prescriptive Period (Statute of Limitations) - SHORT DEADLINE

Under La. C.C. Art. 3492, the prescriptive period for delictual actions (torts) is ONE (1) YEAR from the date the injury was sustained.

Louisiana has one of the shortest deadlines in the nation.

B. Pure Comparative Fault

Louisiana follows pure comparative fault under La. C.C. Art. 2323. Plaintiff may recover even if more at fault than defendant.

C. Direct Action Against Insurers

Louisiana's Direct Action Statute (La. R.S. 22:1269) permits injured parties to sue liability insurers directly, either alone or together with the insured.

D. No Damage Caps

Louisiana does not cap compensatory damages in auto accident cases.

II. DIRECT ACTION NOTICE

Pursuant to La. R.S. 22:1269, this claim is made directly against [Insurance Company] as the liability insurer for [Insured Name].

III. STATEMENT OF FACTS

[Describe collision]

IV. DAMAGES

V. SETTLEMENT DEMAND

$[DEMAND AMOUNT]

Open for thirty (30) days until [Date].

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Louisiana Bar Roll No. [Number]

LOUISIANA PRACTICE NOTES

☐ 1 YEAR PRESCRIPTION: Act promptly - Louisiana has very short deadline
☐ Pure Comparative Fault: Recovery available regardless of plaintiff's fault percentage
☐ Direct Action: Can sue insurer directly under La. R.S. 22:1269
☐ Collateral Source: La. C.C. Art. 2324.1 limits rule in some cases
☐ UM Coverage: Mandatory minimum; important subrogation rules
☐ Civil Law System: Louisiana uses Civil Code (not common law) framework