DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF NORTH CAROLINA
[FIRM NAME]
[Street Address]
[City, North Carolina 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. NORTH CAROLINA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under N.C.G.S. Section 1-52(16), the statute of limitations for personal injury is three (3) years.
B. CONTRIBUTORY NEGLIGENCE - CRITICAL
NORTH CAROLINA IS ONE OF ONLY FOUR STATES (PLUS DC) THAT FOLLOWS PURE CONTRIBUTORY NEGLIGENCE.
Under this doctrine, a plaintiff who is even 1% at fault is completely barred from recovery. Smith v. Fiber Controls Corp., 300 N.C. 669 (1980).
Our client bears ABSOLUTELY NO FAULT for this collision. The evidence conclusively establishes that your insured was solely responsible. Any assertion of contributory negligence is wholly unsupported by the facts.
C. Last Clear Chance Doctrine
North Carolina recognizes the last clear chance doctrine, which may permit recovery if the defendant had the last clear chance to avoid the accident despite plaintiff's prior negligence. Watson v. White, 309 N.C. 498 (1983).
D. No Damage Caps
North Carolina does not cap compensatory damages in auto accident personal injury cases.
II. CONTRIBUTORY NEGLIGENCE ANALYSIS
Our client was exercising all due care at the time of the collision:
☐ Operating at the posted speed limit
☐ Maintaining a proper lookout
☐ Obeying all traffic signals and signs
☐ Maintaining proper lane position
☐ Not distracted or impaired in any way
There is no evidence supporting a contributory negligence defense.
III. STATEMENT OF FACTS
[Describe collision - emphasize facts showing zero fault by client]
IV. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
North Carolina State Bar No. [Number]
NORTH CAROLINA PRACTICE NOTES
☐ CONTRIBUTORY NEGLIGENCE: Plaintiff completely barred if ANY fault - most important issue
☐ Last Clear Chance: May overcome contributory negligence
☐ No Damage Caps: Full compensation available
☐ Seat Belt Evidence: N.C.G.S. 20-135.2A - Not admissible on liability; limited on damages
☐ Punitive Damages: N.C.G.S. 1D-25 - 3x compensatory or $250,000, whichever greater
☐ Joint Liability: N.C.G.S. 1B-1 et seq. - Several liability for defendants