DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
COMMONWEALTH OF MASSACHUSETTS
[FIRM NAME]
[Street Address]
[City, Massachusetts 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. MASSACHUSETTS-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under M.G.L. c. 260, Section 2A, the statute of limitations for personal injury is three (3) years.
B. Modified Comparative Negligence (51% Bar)
Massachusetts follows modified comparative negligence under M.G.L. c. 231, Section 85. Plaintiff barred if more than 50% at fault.
C. No-Fault State
Massachusetts is a no-fault state with PIP coverage requirements. Under M.G.L. c. 231, Section 6D, tort claims are permitted when:
- Medical expenses exceed $2,000, OR
- Injury causes death, loss of body part, permanent and serious disfigurement, loss of sight or hearing, or fracture
Our client meets the threshold because: [Describe]
D. No Damage Caps
Massachusetts does not cap compensatory damages in auto accident cases.
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]
BBO No. [Number]
MASSACHUSETTS PRACTICE NOTES
☐ No-Fault: PIP required; $2,000 or serious injury threshold
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ No Damage Caps: Full compensation available
☐ Offer of Judgment: M.G.L. c. 231, Section 6B - cost-shifting rule
☐ Prejudgment Interest: M.G.L. c. 231, Section 6B - 12% from date of filing