DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF NEW YORK
[FIRM NAME]
[Street Address]
[City, New York 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 YORK-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under CPLR 214(5), the statute of limitations for personal injury is three (3) years.
B. Pure Comparative Negligence
New York follows pure comparative negligence under CPLR 1411. Plaintiff may recover even if more at fault than defendant (reduced by fault percentage).
C. No-Fault - Serious Injury Threshold
New York requires no-fault PIP coverage. To sue for non-economic damages, plaintiff must prove a "serious injury" under Insurance Law Section 5102(d):
☐ Death
☐ Dismemberment
☐ Significant disfigurement
☐ Fracture
☐ Loss of a fetus
☐ Permanent loss of use of a body organ, member, function, or system
☐ Permanent consequential limitation of use of a body organ or member
☐ Significant limitation of use of a body function or system
☐ A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence
Our client meets the serious injury threshold because: [Detailed explanation]
D. No Damage Caps
New York does not cap compensatory damages in auto accident cases.
II. SERIOUS INJURY THRESHOLD ANALYSIS
Our client satisfies the serious injury threshold under Insurance Law Section 5102(d) as follows:
Category: [Identify which category/categories apply]
Medical Evidence:
- [Describe objective medical evidence]
- [Describe range of motion limitations with percentages]
- [Describe permanency opinions from treating physicians]
90/180 Day Rule (if applicable):
- Dates of disability: [Dates]
- Activities curtailed: [Describe]
- Medical documentation: [Describe]
Supporting Case Law:
- [Cite relevant New York cases supporting threshold]
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 York Bar No. [Number]
NEW YORK PRACTICE NOTES
☐ Serious Injury Threshold: Critical - must be proven with medical evidence
☐ Pure Comparative Negligence: Recovery allowed regardless of fault percentage
☐ No Damage Caps: Full compensation available
☐ Vehicle and Traffic Law: Section 388 - Owner liability
☐ No-Fault Benefits: 50% wage loss, unlimited medical (subject to utilization review)
☐ Notice of Claim: If government entity involved - 90 days
☐ Grave Injury: Workers' comp exclusivity exception for grave injuries