DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF NORTH DAKOTA

[________________________________]
(Firm Name)

[________________________________]
(Street Address)

[________________________________], North Dakota [__________]
(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, North Dakota. This letter constitutes a formal demand for settlement of all claims arising from this collision.

We have completed our investigation, compiled all medical records and billing statements, confirmed that our client has met the applicable no-fault tort threshold, and are now prepared to present our client's claim for your good faith evaluation.

I. NORTH DAKOTA LEGAL FRAMEWORK

A. Statute of Limitations - N.D.C.C. § 28-01-16

Under North Dakota law, the statute of limitations for personal injury actions is six (6) years from the date of injury. N.D.C.C. § 28-01-16 provides that actions for "injury to the person" must be brought within six years. North Dakota has one of the longest statutes of limitations for personal injury in the nation (tied with Maine). While substantial time remains, we present this demand promptly to facilitate early resolution.

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

Note: For wrongful death claims, a separate two-year statute of limitations applies under N.D.C.C. § 28-01-18.

B. Modified Comparative Fault (50% Bar) - N.D.C.C. § 32-03.2-02

North Dakota follows modified comparative fault under N.D.C.C. § 32-03.2-02. Under this statute:

• Contributory fault does not bar recovery if the claimant's fault was less than the combined fault of all persons who contribute to the injury
• If the claimant's fault is 50% or greater (i.e., equal to or exceeding the combined fault of all other parties), the claimant is completely barred from recovery
• If the claimant's fault is less than 50%, the award of damages is diminished proportionately by the percentage of fault attributed to the claimant
• The trier of fact allocates percentages of fault to all parties, including non-parties

Fault is defined under N.D.C.C. § 32-03.2-01 as "acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability."

In the present case, your insured bears 100% liability for this collision. There is no basis for comparative fault reduction.

C. North Dakota No-Fault System - N.D.C.C. Chapter 26.1-41

North Dakota is a no-fault auto insurance state. Under the Auto Accident Reparations Act (N.D.C.C. Ch. 26.1-41):

• All motor vehicle owners must carry basic no-fault (PIP) coverage providing a minimum of $30,000 per person for economic loss
• No-fault benefits cover medical expenses, lost wages, and other economic losses regardless of fault
• The no-fault system limits the right to bring tort claims for non-economic damages unless the serious injury threshold is met

D. Tort Threshold - Serious Injury Requirement - N.D.C.C. § 26.1-41-08

CRITICAL: Under North Dakota's no-fault system, a secured person may not sue for non-economic damages (pain and suffering) unless the injury qualifies as a "serious injury" as defined in N.D.C.C. § 26.1-41-08. The serious injury threshold is met when:

☐ Medical expenses exceed $2,500 (monetary threshold)
☐ Death results from the accident
☐ The injury results in serious and permanent disfigurement
☐ The injury results in a disability for more than sixty (60) consecutive days
☐ The injury results in permanent injury
☐ The injury consists of a fracture to a weight-bearing bone or a compound, comminuted, displaced, or compressed fracture

Our Client's Injuries Meet the Tort Threshold Because:

[________________________________]
(Specify which threshold criterion is met and provide supporting evidence. For the $2,500 medical expense threshold, document total medical expenses exceeding this amount. For other thresholds, provide medical documentation supporting the qualifying condition.)

☐ Total medical expenses of $[____________] exceed the $2,500 monetary threshold
☐ [Additional qualifying conditions as applicable]

Because our client's injuries satisfy the tort threshold under N.D.C.C. § 26.1-41-08, our client is entitled to pursue a tort claim for both economic and non-economic damages against the at-fault driver, in addition to no-fault benefits already received.

E. Economic Loss Limitations in Tort

Under the no-fault system, a secured person may not recover economic loss in tort to the extent of all basic no-fault benefits paid or to become payable for such injury. This means that to avoid double recovery, amounts paid as no-fault benefits may offset certain economic damages in the tort claim.

F. No Damage Caps

North Dakota does not impose statutory caps on compensatory damages (economic or non-economic) in automobile accident personal injury cases. Full compensation is available for all proven damages once the tort threshold is met.

G. Collateral Source Payments - N.D.C.C. § 32-03.2-09

North Dakota has a modified collateral source rule under N.D.C.C. § 32-03.2-09. The statute provides for reduction of a damage award by amounts received from collateral sources, but only after a hearing following the verdict. The plaintiff may present evidence that they paid for the collateral source benefits (e.g., insurance premiums), which would prevent or limit the offset.

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, North Dakota.

[________________________________]
(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)
• (Emergency response and transport)

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, citations issued, fault determinations, and witness statements)

D. Witness Information

E. Photographic and Video Evidence

[________________________________]
(Describe available photographic and video evidence)

III. LIABILITY ANALYSIS

A. Negligence of Your Insured

Under North Dakota law, negligence requires: (1) a duty of care; (2) a breach of that duty; (3) a causal connection between the breach and the injury; and (4) damages. See Wachter v. Dakota Fire Ins. Co., 2007 ND 78.

Your insured breached the applicable duty of care by:

☐ Failing to maintain a proper lookout — N.D.C.C. § 39-10-33
☐ Following too closely — N.D.C.C. § 39-10-18
☐ Failing to yield the right-of-way — N.D.C.C. § 39-10-22
☐ Exceeding the posted speed limit — N.D.C.C. § 39-09-02
☐ Driving at a speed not reasonable under conditions — N.D.C.C. § 39-09-01
☐ Failing to obey a traffic control device — N.D.C.C. § 39-10-05
☐ Driving under the influence — N.D.C.C. § 39-08-01
☐ Use of wireless communications device while driving — N.D.C.C. § 39-13-07.1
☐ Failing to stop at a stop sign — N.D.C.C. § 39-10-44
☐ Improper lane change — N.D.C.C. § 39-10-08
☐ Reckless driving — N.D.C.C. § 39-08-03
☐ Other: [________________________________]

B. Negligence Per Se

Your insured's violation of [________________________________] (specific North Dakota traffic statute) constitutes negligence per se under North Dakota law. The unexcused violation of a statute designed to protect the class of persons to which the plaintiff belongs from the type of harm suffered establishes a breach of duty. See Eckroth v. Birnbaum, 116 N.W.2d 47 (N.D. 1962).

C. Comparative Fault Assessment

Based on the totality of the evidence, your insured bears [____]% fault for this collision. Under N.D.C.C. § 32-03.2-02, our client may recover so long as the client's fault is less than 50% of the combined fault of all parties. No credible evidence supports 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. No-Fault Benefits Received - N.D.C.C. Ch. 26.1-41

Our client has received basic no-fault benefits under the Auto Accident Reparations Act:

Note: Basic no-fault coverage provides up to $30,000 per person for economic loss. No-fault benefits paid or to become payable are subject to offset against tort recovery for economic damages under the no-fault system.

C. Medical Treatment Chronology

TOTAL MEDICAL EXPENSES: $[____________] (Exceeds $2,500 tort threshold)

D. Current Medical Status

[________________________________]
(Describe current condition, ongoing symptoms, functional limitations, prognosis, and future treatment recommendations)

E. Treating Physician's Opinions

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

V. DAMAGES

A. Past Medical Expenses

Less No-Fault Benefits Paid for Medical: ($[____________])
Net Past Medical in Tort Claim: $[____________]

B. Future Medical Expenses

C. Lost Wages and Income

D. Future Lost Earning Capacity

[________________________________]
(Describe diminished future earning capacity with expert opinions)

E. Pain and Suffering (Non-Economic Damages)

Because our client meets the serious injury threshold under N.D.C.C. § 26.1-41-08, our client is entitled to recover non-economic damages in tort. North Dakota imposes no statutory caps on non-economic damages.

Our client has experienced significant pain and suffering:

☐ 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 relationships and social activities
☐ Embarrassment and humiliation from physical limitations

Pain and Suffering Multiplier Analysis:

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 North Dakota law. North Dakota recognizes this claim when serious injury results. As a result, [________________________________] 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. NORTH DAKOTA INSURANCE REQUIREMENTS AND COVERAGE ANALYSIS

A. Mandatory Liability Insurance - N.D.C.C. § 39-08-20

North Dakota law requires the following minimum automobile liability insurance:

B. Basic No-Fault (PIP) Coverage - N.D.C.C. Ch. 26.1-41

North Dakota's no-fault system requires basic no-fault (PIP) coverage:

No-fault benefits cover:
- Medical expenses reasonably necessary for treatment of injuries
- Loss of income from work the person would have performed
- Expenses reasonably incurred for essential services (household duties, etc.)
- Funeral expenses up to $3,500

No-fault benefits are paid regardless of fault. The no-fault carrier pays the first $30,000 of economic loss per person.

C. Uninsured Motorist Coverage - N.D.C.C. § 26.1-40-15.2

• UM coverage is mandatory and must be included in all auto policies
• The insured may reject UM coverage, but rejection must be in writing and comply with statutory requirements
• Underinsured motorist (UIM) coverage is also available under N.D.C.C. § 26.1-40-15.2

D. Coverage Applicable to This Claim

VIII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the foregoing analysis, and given that our client has met the serious injury threshold under North Dakota's no-fault system, we hereby demand the total sum of:

$[________________________________]

in full and final settlement of all claims arising from the collision of [__/__/____].

B. Demand Deadline

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

If not accepted within the stated timeframe, this demand is deemed withdrawn.

C. Settlement Terms

☐ Payment of the full demand amount within fifteen (15) days of acceptance
☐ Execution of a mutually agreeable release of all claims
☐ No admission of liability
☐ Settlement funds payable to "[________________________________] and [________________________________], Attorneys"
☐ Dismissal with prejudice of any pending litigation (if applicable)
☐ No-fault subrogation/reimbursement to be resolved separately

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. North Dakota recognizes the duty of good faith and fair dealing in insurance claim handling, and unreasonable claim handling may give rise to bad faith liability.

B. Counteroffer Process

Should you wish to make a counteroffer, we request:

☐ Written explanation of the basis for the counteroffer
☐ Specific identification of disputed damages categories
☐ Documentation supporting your position
☐ Policy limits and coverage positions
☐ Position on whether the tort threshold is met

X. RESERVATION OF RIGHTS AND LITIGATION WARNING

A. Reservation of Rights

This demand is presented without prejudice to all rights, claims, and remedies, including:

☐ Filing a civil action for negligence and related claims
☐ Seeking exemplary (punitive) damages under N.D.C.C. § 32-03.2-11 for oppression, fraud, or actual malice
☐ Pursuing bad faith claim against the insurance carrier
☐ Asserting claims against additional parties
☐ Seeking prejudgment interest under N.D.C.C. § 32-03.2-12
☐ Recovering attorney's fees and costs where permitted

B. Litigation Consequences

Should we be required to file suit:

• We will seek the full measure of damages under North Dakota law
• North Dakota's six-year statute of limitations provides ample time to build the strongest possible case
• Extensive discovery will be conducted
• Expert witnesses will be retained
• The no-fault tort threshold has been clearly met, entitling our client to full non-economic damages
• All litigation costs and expenses will be sought

XI. MEDICAL AUTHORIZATION AND RECORDS

A. Enclosed Documentation

☐ Police/crash report
☐ Complete medical records from all treating providers
☐ Complete medical billing statements
☐ No-fault benefit payment documentation
☐ Proof that tort threshold ($2,500 medical expenses) is met
☐ Photographs of accident scene, vehicle damage, and injuries
☐ Proof of lost wages
☐ Pay stubs/W-2s/tax returns
☐ Expert reports
☐ Property damage documentation
☐ Out-of-pocket expense receipts
☐ Witness statements
☐ [________________________________]

B. Medical Records Authorization

☐ Limited medical authorization is [enclosed / available upon request]
☐ We do not authorize access to unrelated pre-existing records
☐ Direct all additional requests to this office

XII. DOCUMENTATION AND FILING CHECKLIST

Pre-Demand Preparation

☐ Complete investigation of accident facts
☐ Obtain and review police/crash report
☐ Photograph scene, vehicles, and injuries
☐ Identify and interview witnesses
☐ Obtain all medical records and billing statements
☐ Confirm tort threshold is met under N.D.C.C. § 26.1-41-08
☐ Document no-fault benefits received and remaining
☐ Verify client has reached MMI or stabilized
☐ Obtain treating physician narrative report
☐ Calculate all economic damages (net of no-fault offsets)
☐ Evaluate non-economic damages
☐ Research North Dakota law and comparable verdicts
☐ Determine all 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 complete file copies
☐ Log all adjuster communications

Post-Demand Follow-Up

☐ Confirm receipt of demand
☐ Follow up if no response within 15 business days
☐ Document all negotiations in writing
☐ Prepare complaint if demand rejected
☐ File suit well before statute of limitations expiration
☐ Consider mediation or ADR
☐ Address no-fault subrogation in any settlement

XIII. NORTH DAKOTA-SPECIFIC PRACTICE NOTES

A. Key Legal Considerations

☐ Six-Year Statute of Limitations (N.D.C.C. § 28-01-16): North Dakota has one of the longest personal injury statutes of limitations in the nation (tied with Maine at 6 years). This provides significant time to build a strong case, though prompt action is still advisable.

☐ Modified Comparative Fault - 50% Bar (N.D.C.C. § 32-03.2-02): A claimant whose fault is equal to or greater than the combined fault of all other parties is barred from recovery. Establish clear liability to prevent comparative fault arguments.

☐ No-Fault System (N.D.C.C. Ch. 26.1-41): North Dakota is one of approximately 12 no-fault states. The no-fault system provides basic no-fault (PIP) benefits of $30,000 per person for economic loss regardless of fault. Understanding the interplay between no-fault benefits and tort claims is essential.

☐ Tort Threshold - Serious Injury (N.D.C.C. § 26.1-41-08): The right to sue in tort for non-economic damages is limited unless the "serious injury" threshold is met. The most commonly met threshold is medical expenses exceeding $2,500. Always document that the threshold is satisfied.

☐ Economic Loss Offset: Economic damages in tort are offset by no-fault benefits paid or to become payable. Carefully track no-fault payments to calculate the correct net economic damages in the tort claim.

☐ No Damage Caps: North Dakota does not cap compensatory damages in auto accident cases. Once the tort threshold is met, full compensation is available.

☐ Collateral Source Payments (N.D.C.C. § 32-03.2-09): North Dakota's modified collateral source rule allows post-verdict reduction for collateral source payments, but the plaintiff may present evidence of premiums paid for such coverage.

☐ Exemplary (Punitive) Damages (N.D.C.C. § 32-03.2-11): Available for oppression, fraud, or actual malice. The trier of fact determines the amount.

☐ Prejudgment Interest (N.D.C.C. § 32-03.2-12): Prejudgment interest is available and accrues from the date the action accrues. This can significantly increase the settlement value.

☐ Mandatory UM Coverage: UM coverage at $25,000/$50,000 minimum is mandatory. Verify any rejection is properly documented.

☐ No-Fault Subrogation: The no-fault carrier may have subrogation rights against the tortfeasor or their insurer. Address subrogation in any settlement.

☐ Oil Field and Rural Accidents: North Dakota's oil industry and vast rural road network present unique accident scenarios. Weather-related driving conditions (ice, snow, wind) are common contributing factors.

B. Venue Considerations

☐ North Dakota District Court has jurisdiction over personal injury claims
☐ Venue is proper in the county where the accident occurred or where defendant resides
☐ Consider federal diversity jurisdiction if applicable
☐ North Dakota's smaller population means smaller jury pools; consider community dynamics

C. Expert Disclosure Requirements

☐ North Dakota Rules of Civil Procedure Rule 26(b)(4) governs expert discovery
☐ Expert reports are required
☐ Prepare experts to address causation, permanency, and the tort threshold

XIV. CONCLUSION

The evidence establishes that your insured was at fault for this collision and that our client has suffered significant injuries meeting the serious injury threshold under North Dakota's no-fault system. Our client is therefore entitled to full tort damages, including non-economic damages, without cap. We believe this demand represents a fair valuation under North Dakota law.

We look forward to your prompt and good faith response.

Respectfully submitted,

[________________________________]
(Firm Name)

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

ENCLOSURES:
☐ Police/Crash Report
☐ Medical Records and Bills
☐ No-Fault Payment Documentation
☐ Tort Threshold Evidence
☐ Photographs
☐ Wage Verification
☐ Expert Reports
☐ Property Damage Documentation
☐ [________________________________]

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

Sources and References

• North Dakota Century Code, N.D.C.C. § 28-01-16 (Statute of Limitations): https://ndlegis.gov/cencode/t28c01.html
• North Dakota Century Code, N.D.C.C. Ch. 32-03.2 (Fault, Damages, and Payments): https://ndlegis.gov/cencode/t32c03-2.html
• North Dakota Century Code, N.D.C.C. § 32-03.2-02 (Modified Comparative Fault): https://ndlegis.gov/cencode/t32c03-2.pdf
• North Dakota Century Code, N.D.C.C. Ch. 26.1-41 (Auto Accident Reparations): https://ndlegis.gov/cencode/t26-1c41.pdf
• North Dakota Century Code, N.D.C.C. § 26.1-41-08 (Serious Injury Threshold): https://codes.findlaw.com/nd/title-26-1-insurance/nd-cent-code-sect-26-1-41-08/
• North Dakota Century Code, N.D.C.C. § 39-08-20 (Mandatory Insurance): https://codes.findlaw.com/nd/title-39-motor-vehicles/nd-cent-code-sect-39-08-20/
• North Dakota Century Code, N.D.C.C. § 26.1-40-15.2 (UM/UIM Coverage): https://ndlegis.gov/cencode/t26-1c40.pdf
• North Dakota Insurance Department - Auto Insurance: https://www.insurance.nd.gov/consumers/insurance/auto
• North Dakota Legislative Memorandum on No-Fault Insurance: https://ndlegis.gov/files/resource/committee-memorandum/59025.pdf