Auto Accident Demand Letter - Maine

DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF MAINE

[________________________________]
(Firm Name)

[________________________________]
(Street Address)

[________________________________], Maine [__________]
(City, State, ZIP)

Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

[________________________________]
(Adjuster Name / Claims Professional)

[________________________________]
(Insurance Company Name)

[________________________________]
(Street Address)

[________________________________]
(City, State, ZIP)

Email: [________________________________]

RE: SETTLEMENT DEMAND - MOTOR VEHICLE COLLISION

Our Client: [________________________________] (Client Full Legal Name)
Client Date of Birth: [__/__/____]
Date of Loss: [__/__/____]
Your Insured: [________________________________] (At-Fault Driver Full Name)
Claim Number: [________________________________]
Policy Number: [________________________________]
Policy Limits: $[________________________________]

Dear [________________________________]:

This firm represents [________________________________] ("Client" or "Claimant") in connection with injuries and damages sustained in a motor vehicle collision that occurred on [__/__/____] in [________________________________], [________________________________] County, Maine. This letter constitutes a formal demand for settlement of our client's claims arising from this collision.

We have completed a thorough investigation of the facts and circumstances surrounding this collision, obtained and reviewed all relevant medical records and billing statements, and are now prepared to present our client's claim for your evaluation.

I. MAINE LEGAL FRAMEWORK

A. Statute of Limitations - 14 M.R.S. § 752

Under Maine law, the statute of limitations for personal injury actions arising from a motor vehicle collision is six (6) years from the date of injury. 14 M.R.S. § 752 provides: "All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards." Maine has one of the longest statutes of limitations for personal injury in the nation. While we have ample time remaining under this deadline, we are presenting this demand promptly to facilitate early resolution.

Date of Loss: [__/__/____]
Statute of Limitations Expiration: [__/__/____]

B. Modified Comparative Negligence - 14 M.R.S. § 156

Maine follows the modified comparative negligence doctrine as codified in 14 M.R.S. § 156. Under this statute:

• When a person suffers death or damage "as a result partly of that person's own fault and partly of the fault of any other person or persons," the claim shall not be defeated by reason of the claimant's partial fault.
• Instead, "the damages recoverable in respect thereof must be reduced to such extent as the jury thinks just and equitable having regard to the claimant's share in the responsibility for the damage."
• Critical threshold: If the claimant is found by the jury to be equally at fault (50% or more), the claimant may not recover damages.
• "Fault" is defined as "negligence, breach of statutory duty or other act or omission that gives rise to a liability in tort."

In the present case, your insured bears 100% liability for this collision as detailed in the facts below. There is no basis for any comparative fault reduction.

C. Joint and Several Liability

Under 14 M.R.S. § 156, in cases involving multiple defendants, each defendant is jointly and severally liable to the plaintiff for the full amount of the plaintiff's damages. Defendants may request jury findings on each defendant's percentage of fault, and special rules apply when defendants settle with the plaintiff.

D. No Damage Caps

Maine does not impose statutory caps on compensatory damages in personal injury cases arising from motor vehicle collisions. Our client is entitled to full and fair compensation for all economic and non-economic losses.

E. Collateral Source Rule - 24 M.R.S. § 2906

Maine's collateral source statute, 24 M.R.S. § 2906, governs the treatment of payments received from collateral sources such as health insurance. The statute provides for a post-verdict hearing on collateral source payments but preserves the right of the injured party to recover the full measure of damages at trial, subject to offset rules that apply only after a verdict has been rendered.

II. STATEMENT OF FACTS

A. Parties Involved

B. Accident Description

On [__/__/____], at approximately [________] [AM/PM], our client was operating a [________] (Year) [________________________________] (Make/Model) in a [northbound/southbound/eastbound/westbound] direction on [________________________________] (Street/Highway Name) near [________________________________] (Intersection/Landmark) in [________________________________], [________________________________] County, Maine.

[________________________________]
(Provide detailed narrative of the collision, including:)

• (Direction and speed of travel for both vehicles)
• (Traffic conditions, road conditions, weather conditions)
• (Specific negligent acts or omissions by the at-fault driver)
• (Point of impact on both vehicles)
• (Post-impact movement of vehicles)
• (Whether airbags deployed)
• (Position of occupants at time of impact)

C. Police Report

The collision was investigated by [________________________________] (Law Enforcement Agency), and a report was filed under Report Number [________________________________]. The investigating officer [________________________________] (Officer Name/Badge Number) [noted/cited/documented]:

[________________________________]
(Summarize key findings from the police report, including any citations issued, fault determinations, witness statements, and diagram descriptions)

D. Witness Information

E. Photographic and Video Evidence

[________________________________]
(Describe available photographic evidence including scene photos, vehicle damage photos, injury photos, surveillance footage, and dashcam recordings)

III. LIABILITY ANALYSIS

A. Negligence of Your Insured

Under Maine law, a negligence claim requires proof of four elements: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty; (3) injury to the plaintiff; and (4) a causal connection between the breach and the injury. See Bonin v. Crepeau, 2005 ME 59.

Your insured breached the duty of care owed to our client by:

☐ Failing to maintain a proper lookout — 29-A M.R.S. § 2064
☐ Following too closely — 29-A M.R.S. § 2066
☐ Failing to yield the right-of-way — 29-A M.R.S. § 2057
☐ Operating at an excessive or unreasonable speed — 29-A M.R.S. § 2074
☐ Failing to obey a traffic control device — 29-A M.R.S. § 2057
☐ Operating under the influence of alcohol or drugs — 29-A M.R.S. § 2411
☐ Distracted driving (use of electronic device) — 29-A M.R.S. § 2119
☐ Failing to stop at a stop sign — 29-A M.R.S. § 2057(3)
☐ Improper lane change — 29-A M.R.S. § 2070
☐ Failure to signal — 29-A M.R.S. § 2068
☐ Other: [________________________________]

B. Negligence Per Se

Your insured's violation of [________________________________] (specific Maine traffic statute) constitutes negligence per se under Maine law. The violation of a safety statute designed to protect the class of persons to which our client belongs creates a rebuttable presumption of negligence. See Trusiani v. Cumberland & York Distributors, 538 A.2d 258 (Me. 1988).

C. Comparative Fault Assessment

Based on the evidence gathered in this investigation, including the police report, witness statements, and physical evidence, your insured bears [____]% fault for this collision. There is no evidence supporting any comparative fault on the part of our client.

IV. INJURIES AND MEDICAL TREATMENT

A. Injuries Sustained

As a direct and proximate result of this collision, our client sustained the following injuries:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

B. Medical Treatment Chronology

C. Current Medical Status

[________________________________]
(Describe client's current condition, ongoing symptoms, functional limitations, prognosis, and any recommendations for future treatment)

D. Treating Physician's Opinions

[________________________________], [MD/DO], has opined that our client's injuries were caused by the motor vehicle collision of [__/__/____] and that [________________________________]
(Describe medical opinions regarding causation, permanency, disability rating, future treatment recommendations, and prognosis)

V. DAMAGES

A. Past Medical Expenses

B. Future Medical Expenses

Based on the opinions of [________________________________], [MD/DO], our client will require the following future medical treatment:

C. Lost Wages and Income

D. Future Lost Earning Capacity

[________________________________]
(Describe any diminished future earning capacity, including expert vocational or economic opinions)

E. Pain and Suffering (Non-Economic Damages)

Maine does not impose any caps on non-economic damages in personal injury cases. Our client has experienced and continues to experience significant pain and suffering, including but not limited to:

☐ Physical pain from the collision and resulting injuries
☐ Ongoing chronic pain and discomfort
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life activities
☐ Inability to participate in recreational activities: [________________________________]
☐ Sleep disturbance and insomnia
☐ Anxiety, depression, and/or PTSD symptoms
☐ Scarring and/or disfigurement
☐ Loss of mobility and physical limitations
☐ Impact on family and social relationships
☐ Embarrassment and humiliation from physical limitations

Pain and Suffering Multiplier Analysis:

In evaluating non-economic damages, Maine courts and insurance professionals commonly utilize a multiplier method applied to special damages. Given the severity and duration of our client's injuries, a multiplier of [____] to [____] times the total medical expenses is appropriate in this case.

F. Property Damage

G. Loss of Consortium

[________________________________] (Spouse Name), the [husband/wife/domestic partner] of our client, has a separate and independent claim for loss of consortium under Maine law. As a result of the injuries sustained by our client, [________________________________] has been deprived of:

☐ Companionship and society
☐ Affection and intimacy
☐ Assistance with household duties
☐ Participation in shared activities
☐ Emotional support and comfort

Loss of Consortium Damages: $[____________]

VI. TOTAL DAMAGES SUMMARY

VII. MAINE INSURANCE REQUIREMENTS AND COVERAGE ANALYSIS

A. Mandatory Coverage Minimums - 29-A M.R.S. § 1601, § 1605

Maine law requires the following minimum automobile insurance coverages:

B. Uninsured/Underinsured Motorist Coverage - 24-A M.R.S. § 2902

Maine law mandates that all automobile liability insurance policies include uninsured motorist (UM) and underinsured motorist (UIM) coverage. Under 24-A M.R.S. § 2902:

• UM/UIM coverage limits must equal the limits selected for liability coverage for bodily injury or death unless expressly rejected by the insured in writing.
• A purchaser may elect to purchase UM/UIM coverage with lesser limits, but this election must be documented in writing on a form provided by the insurer.
• Rejection or reduction of UM/UIM coverage that is not properly documented is void, and coverage defaults to full liability limits.

C. Medical Payments Coverage - 24-A M.R.S. § 7305

Maine requires a minimum of $2,000 per person in medical payments coverage, which covers medical expenses incurred by the insured and passengers regardless of fault.

D. Coverage Applicable to This Claim

VIII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the foregoing analysis of liability, injuries, damages, and applicable Maine law, we hereby demand the total sum of:

$[________________________________]

in full and final settlement of all claims arising from the collision of [__/__/____], including the claims of [________________________________] (Claimant) and [________________________________] (Loss of Consortium Claimant, if applicable).

B. Demand Deadline

This demand shall remain open for thirty (30) days from the date of this letter, expiring on [__/__/____].

If this demand is not accepted within the stated timeframe, it shall be deemed withdrawn, and we reserve the right to increase the demand amount or proceed directly to litigation without further negotiation.

C. Settlement Terms

Acceptance of this demand is contingent upon the following terms:

☐ Payment of the full demand amount within fifteen (15) days of acceptance
☐ Execution of a mutually agreeable release of all claims
☐ The release shall not contain any confidentiality or non-disclosure provisions unless mutually agreed upon
☐ No admission of liability by any party to be included in the release
☐ Settlement funds to be made payable to "[________________________________] and [________________________________], Attorneys"
☐ Dismissal with prejudice of any pending litigation (if applicable)

IX. SETTLEMENT NEGOTIATION PROVISIONS

A. Good Faith Obligation

We expect [________________________________] (Insurance Company) to evaluate this claim in good faith and respond with a reasonable settlement offer within the timeframe stated above. Maine law recognizes the tort of bad faith in the insurance context, and we will not hesitate to pursue additional remedies if this claim is not handled fairly and promptly.

B. Counteroffer Process

In the event you wish to make a counteroffer, we request that it be accompanied by:

☐ A written explanation of the basis for the counteroffer
☐ Specific identification of any damages categories disputed
☐ Any documentation supporting your position on liability or damages
☐ Identification of applicable policy limits and coverage positions

C. Authority to Settle

Please confirm that you have obtained full authority to negotiate and settle this claim, or identify the individual with such authority so that we may communicate directly.

X. RESERVATION OF RIGHTS AND LITIGATION WARNING

A. Reservation of Rights

This demand letter is presented without prejudice to any and all rights, claims, and remedies available to our client under Maine law, including but not limited to:

☐ Filing a civil action for negligence and all related claims
☐ Seeking punitive damages if warranted by the conduct of your insured
☐ Pursuing a claim for bad faith handling of this insurance claim
☐ Asserting claims against additional parties as investigation warrants
☐ Seeking prejudgment interest pursuant to 14 M.R.S. § 1602-B
☐ Recovering attorney's fees and costs where permitted by law or statute

B. Litigation Consequences

Should we be required to file suit, please be advised that:

• We will seek the full measure of damages available under Maine law, which may substantially exceed the current demand amount
• We will conduct extensive discovery including depositions of your insured, accident reconstruction experts, and medical experts
• We will seek prejudgment interest from the date of loss under 14 M.R.S. § 1602-B
• Maine's six-year statute of limitations provides ample time to prepare the strongest possible case
• Maine juries are known to render substantial verdicts in personal injury cases
• All litigation costs will be sought in any judgment entered

XI. MEDICAL AUTHORIZATION AND RECORDS

A. Enclosed Documentation

The following documentation is enclosed with this demand for your review:

☐ Police/crash report
☐ Complete medical records from all treating providers
☐ Complete medical billing statements from all providers
☐ Photographs of the accident scene
☐ Photographs of vehicle damage
☐ Photographs of client's injuries
☐ Proof of lost wages (employer verification letter)
☐ Pay stubs/tax returns documenting income
☐ Expert reports (medical, vocational, economic)
☐ Property damage documentation (estimates, repair invoices)
☐ Rental car receipts
☐ Out-of-pocket expense receipts
☐ Witness statements
☐ [________________________________]
☐ [________________________________]

B. Medical Records Authorization

☐ A limited medical authorization is [enclosed / available upon request] for records related solely to injuries arising from this collision.
☐ We do not authorize access to any pre-existing medical records unrelated to this claim.
☐ Any request for additional medical information should be directed to this office in writing.

XII. DOCUMENTATION AND FILING CHECKLIST

Pre-Demand Preparation

☐ Complete investigation of accident facts and circumstances
☐ Obtain and review police/crash report
☐ Photograph accident scene, vehicle damage, and injuries
☐ Identify and interview all witnesses
☐ Obtain all medical records and billing statements
☐ Verify client has reached maximum medical improvement (MMI) or stabilized
☐ Obtain treating physician narrative report on causation and prognosis
☐ Calculate all economic damages (medical, lost wages, property)
☐ Evaluate non-economic damages (pain and suffering, loss of consortium)
☐ Research applicable Maine law and recent jury verdicts
☐ Determine all applicable insurance coverages and limits
☐ Calendar statute of limitations deadline: [__/__/____]

Demand Submission

☐ Send demand via certified mail, return receipt requested
☐ Send courtesy copy via email
☐ Calendar 30-day response deadline: [__/__/____]
☐ Maintain copy of demand and all enclosures in client file
☐ Log all communications with insurance adjuster

Post-Demand Follow-Up

☐ Confirm receipt of demand by insurance carrier
☐ Follow up if no response within 15 business days
☐ Document all settlement negotiations in writing
☐ Prepare for litigation if demand is rejected or inadequate counteroffer received
☐ File suit well before statute of limitations expiration
☐ Consider mediation or alternative dispute resolution

XIII. MAINE-SPECIFIC PRACTICE NOTES

A. Key Legal Considerations

☐ Six-Year Statute of Limitations (14 M.R.S. § 752): Maine has one of the longest personal injury statutes of limitations in the country. Do not, however, delay filing suit unnecessarily, as evidence can deteriorate and witnesses become unavailable.

☐ Modified Comparative Negligence - 50% Bar (14 M.R.S. § 156): A claimant who is found to be equally at fault (50% or more) is completely barred from recovery. The jury must first calculate total damages without regard to fault, then reduce by a specific dollar amount reflecting the claimant's share of fault.

☐ Joint and Several Liability (14 M.R.S. § 156): Each defendant in a multi-defendant case is jointly and severally liable for the full amount of damages. This is significant when one defendant has deeper pockets or more insurance coverage.

☐ No Damage Caps: Maine imposes no statutory caps on compensatory damages (economic or non-economic) in personal injury cases. Full compensation is available for all proven damages.

☐ Mandatory UM/UIM Coverage (24-A M.R.S. § 2902): Maine requires UM/UIM coverage equal to liability limits unless properly rejected in writing. Improper rejection voids the waiver and coverage defaults to full limits. Always verify whether rejection was properly executed.

☐ Mandatory Medical Payments Coverage (24-A M.R.S. § 7305): Minimum $2,000 per person MedPay is required on all Maine auto policies. This is first-party, no-fault coverage.

☐ High Insurance Minimums: Maine's minimum liability limits of $50,000/$100,000/$25,000 are among the highest in the nation, providing a higher floor of coverage for injury victims.

☐ Collateral Source Rule (24 M.R.S. § 2906): Maine's modified collateral source statute allows post-verdict hearings to determine offsets. The rule preserves the plaintiff's right to present full damages at trial.

☐ Prejudgment Interest (14 M.R.S. § 1602-B): Prejudgment interest is available in personal injury cases. This is an important settlement leverage tool, as interest accrues from the date of loss.

☐ Wrongful Death (18-C M.R.S. § 2-807): If the collision resulted in death, separate wrongful death provisions apply with a two-year statute of limitations under 18-C M.R.S. § 2-807.

B. Venue Considerations

☐ Maine Superior Court is the preferred venue for personal injury cases exceeding $75,000
☐ District Court has jurisdiction for claims up to $75,000
☐ Consider federal diversity jurisdiction if the parties are citizens of different states and the amount in controversy exceeds $75,000

C. Expert Disclosure Requirements

☐ Maine Rules of Civil Procedure Rule 26(b)(4) governs expert disclosure
☐ Expert reports should include opinions on causation, permanency, and future treatment needs
☐ Economic experts should address lost earning capacity and future medical cost projections

XIV. CONCLUSION

The evidence overwhelmingly establishes that your insured was solely at fault for this collision and that our client has suffered significant injuries and damages as a direct result. We believe this demand represents a fair and reasonable valuation of our client's claims under Maine law.

We look forward to your prompt and good faith response to this demand. Please direct all correspondence and communications regarding this claim to the undersigned.

Respectfully submitted,

[________________________________]
(Firm Name)

By: _________________________________
[________________________________]
(Attorney Name)
Maine Bar No. [________________________________]
Email: [________________________________]
Direct Phone: [________________________________]

ENCLOSURES:
☐ Police/Crash Report
☐ Medical Records and Bills
☐ Photographs
☐ Wage Verification
☐ Expert Reports
☐ Property Damage Documentation
☐ [________________________________]
☐ [________________________________]

cc: [________________________________] (Client)
cc: [________________________________] (File)

Sources and References

• Maine Legislature, Title 14, § 156 (Comparative Negligence): https://mainelegislature.org/legis/statutes/14/title14sec156.html
• Maine Legislature, Title 14, § 752 (Statute of Limitations): https://legislature.maine.gov/statutes/14/title14sec752.html
• Maine Legislature, Title 29-A, § 1601 (Financial Responsibility): https://www.mainelegislature.org/legis/statutes/29-a/title29-asec1601.html
• Maine Legislature, Title 29-A, § 1605 (Proof of Financial Responsibility): https://www.mainelegislature.org/legis/statutes/29-a/title29-Asec1605.html
• Maine Legislature, Title 24-A, § 2902 (Uninsured Vehicle Coverage): https://legislature.maine.gov/statutes/24-A/title24-Asec2902.html
• Maine Legislature, Title 24-A, § 7305 (Automobile Insurance Provisions): https://www.mainelegislature.org/legis/statutes/24-a/title24-Asec7305.html
• Maine Legislature, Title 24, § 2906 (Collateral Sources): https://legislature.maine.gov/legis/statutes/24/title24sec2906-2.html
• Maine PFR Insurance - Insurance Required by Law: https://www.maine.gov/pfr/insurance/consumers/auto-insurance/insurance-required-by-law