DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF MONTANA
[FIRM NAME]
[Street Address]
[City, Montana 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. MONTANA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under MCA 27-2-204, the statute of limitations for personal injury is three (3) years.
B. Modified Comparative Negligence (51% Bar)
Montana follows modified comparative negligence under MCA 27-1-702. Plaintiff barred if fault is equal to or greater than combined fault of defendants.
C. Non-Economic Damage Cap
MCA 25-9-411 caps non-economic damages at $250,000 (adjusted). Note: The Montana Supreme Court has held this cap unconstitutional in certain applications. Meech v. Hillhaven West, Inc., 238 Mont. 21 (1989).
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Non-Economic | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Montana Bar No. [Number]
MONTANA PRACTICE NOTES
☐ 51% Bar Rule: Barred if equal to or greater than 50% at fault
☐ Non-Economic Cap: $250,000 base (adjusted); constitutionality challenged
☐ Punitive Damages: MCA 27-1-221 - Must be proven by clear and convincing evidence
☐ UTPA: Montana Unfair Trade Practices Act provides additional remedies