DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF MARYLAND
[FIRM NAME]
[Street Address]
[City, Maryland 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. MARYLAND-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Md. Code, Cts. & Jud. Proc. Section 5-101, the statute of limitations for personal injury is three (3) years.
B. CONTRIBUTORY NEGLIGENCE - CRITICAL
MARYLAND IS A PURE CONTRIBUTORY NEGLIGENCE STATE. A plaintiff who is even 1% at fault is completely barred from recovery. Harrison v. Montgomery Cty. Bd. of Educ., 295 Md. 442 (1983).
Our client bears absolutely no fault for this collision. Any assertion of contributory negligence is completely unsupported by the evidence.
C. Non-Economic Damage Cap
Maryland caps non-economic damages under Md. Code, Cts. & Jud. Proc. Section 11-108. The cap adjusts annually:
- 2024: $935,000
- 2025: $950,000
- [Verify current year amount]
D. Last Clear Chance Doctrine
Maryland recognizes the last clear chance doctrine, which may allow recovery even if plaintiff was contributorily negligent, if defendant had the last clear chance to avoid the injury. Wooldridge v. Price, 184 Md. 346 (1945).
II. PRESERVATION OF EVIDENCE
☐ All vehicle evidence and EDR data
☐ Complete claims file
☐ All witness statements
III. STATEMENT OF FACTS
[Describe collision - emphasize facts showing NO contributory negligence by client]
IV. LIABILITY ANALYSIS
A. Defendant's Negligence
Your insured breached the duty of care by [describe breaches].
B. NO Contributory Negligence
Our client was:
☐ Obeying all traffic laws
☐ Maintaining proper lookout
☐ Operating vehicle safely
☐ Not engaged in any negligent conduct
The contributory negligence defense does not apply.
V. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Non-Economic (subject to cap) | $[Amount] |
| TOTAL | $[Amount] |
VI. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Maryland Bar No. [Number]
MARYLAND PRACTICE NOTES
☐ CONTRIBUTORY NEGLIGENCE: Maryland is 1 of only 4 states (plus DC) with this harsh rule
☐ Last Clear Chance: May overcome contributory negligence in some cases
☐ Non-Economic Cap: ~$935,000+ (adjusted annually)
☐ PIP Required: Maryland requires PIP coverage
☐ UM/UIM: Important coverage in Maryland due to contributory negligence