DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF MICHIGAN

[FIRM NAME]
[Street Address]
[City, Michigan 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. MICHIGAN-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under MCL 600.5805(2), the statute of limitations for personal injury is three (3) years.

B. Modified Comparative Negligence (51% Bar)

Michigan follows modified comparative negligence under MCL 600.2959. Plaintiff barred if more than 50% at fault.

C. Michigan No-Fault Act (Comprehensive)

Michigan has one of the most comprehensive no-fault systems in the nation under MCL 500.3101 et seq.

To pursue a tort claim for non-economic damages, plaintiff must establish a "threshold injury" under MCL 500.3135:
- Death
- Serious impairment of body function
- Permanent serious disfigurement

Our client meets the threshold because: [Describe serious impairment or disfigurement]

"Serious impairment of body function" means an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life. MCL 500.3135(5).

D. No Damage Caps on Auto Cases

Michigan does not cap compensatory damages in auto accident third-party claims.

II. THRESHOLD INJURY ANALYSIS

Serious Impairment of Body Function

Our client's injuries constitute a serious impairment of body function because:

☐ Objectively Manifested: [Describe objective medical evidence - imaging, testing, etc.]

☐ Important Body Function: The injuries affect [describe important body function]

☐ General Ability to Lead Normal Life: The injuries have affected our client's ability to [describe impact on daily activities, work, recreation]

This analysis satisfies the threshold requirements under McCormick v. Carrier, 487 Mich. 180 (2010).

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]
Michigan Bar No. P[Number]

MICHIGAN PRACTICE NOTES

☐ No-Fault: Comprehensive system; threshold required for non-economic claims
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ Threshold: Serious impairment of body function or permanent serious disfigurement
☐ PIP Coverage: Varies based on policy elections (unlimited vs. capped options)
☐ Mini-Tort: MCL 500.3135(3)(e) - Limited property damage recovery allowed
☐ One-Year Notice: MCL 500.3145 - Notice to no-fault carrier within 1 year