DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF NEW JERSEY
[FIRM NAME]
[Street Address]
[City, New Jersey 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. NEW JERSEY-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under N.J.S.A. 2A:14-2, the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
New Jersey follows modified comparative negligence under N.J.S.A. 2A:15-5.1. Plaintiff barred if fault exceeds combined fault of defendants.
C. No-Fault System - Verbal Threshold
New Jersey has a "choice" no-fault system. Motorists choose between:
- Limitation on Lawsuit Option ("Verbal Threshold"): Can sue for pain and suffering only if injury meets threshold
- No Limitation on Lawsuit Option ("Zero Threshold"): Full right to sue
Our client elected: [Verbal Threshold / Zero Threshold]
If Verbal Threshold applies, our client meets it because the injury is a:
☐ Death
☐ Dismemberment
☐ Significant disfigurement or scarring
☐ Displaced fracture
☐ Loss of a fetus
☐ Permanent injury within a reasonable degree of medical probability (other than scarring)
N.J.S.A. 39:6A-8(a)
D. No Damage Caps
New Jersey does not cap compensatory damages in auto accident cases.
II. VERBAL THRESHOLD ANALYSIS (If Applicable)
Our client's injuries satisfy the verbal threshold because:
[Detailed explanation of how injuries meet one of the threshold categories - with medical evidence supporting permanency if relying on "permanent injury"]
III. STATEMENT OF FACTS
[Describe collision]
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]
New Jersey Bar No. [Number]
NEW JERSEY PRACTICE NOTES
☐ Verbal Threshold: Must be satisfied unless client elected "zero threshold"
☐ 51% Bar Rule: Barred if fault exceeds combined defendant fault
☐ No Damage Caps: Full compensation available
☐ PIP: Required coverage; important for medical expense recovery
☐ Whole Person Rule: For comparative negligence analysis
☐ Punitive Damages Act: N.J.S.A. 2A:15-5.9 et seq.