DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF NORTH DAKOTA
[FIRM NAME]
[Street Address]
[City, North Dakota 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 DAKOTA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under N.D.C.C. Section 28-01-16, the statute of limitations for personal injury is SIX (6) YEARS - one of the longest in the nation.
B. Modified Comparative Negligence (50% Bar)
North Dakota follows modified comparative negligence under N.D.C.C. Section 32-03.2-02. Plaintiff barred if fault is as great as combined fault of defendants.
C. No-Fault System
North Dakota has a no-fault auto insurance system under N.D.C.C. Chapter 26.1-41. Tort threshold requirements may apply.
D. No Damage Caps
North Dakota does not cap compensatory damages in auto accident cases.
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
North Dakota Bar No. [Number]
NORTH DAKOTA PRACTICE NOTES
☐ 6-Year SOL: Longest in the nation (tied with Maine)
☐ 50% Bar Rule: Barred if fault equal to or greater than defendants' combined fault
☐ No-Fault: No-fault benefits apply; verify threshold requirements
☐ No Damage Caps: Full compensation available