Auto Accident Demand Letter - Ohio

DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF OHIO

[LAW FIRM NAME]
[Street Address]
[City], Ohio [ZIP]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]
Ohio Supreme Court Registration No. [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

[Adjuster Name]
[Title]
[Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: SETTLEMENT DEMAND - MOTOR VEHICLE COLLISION
Our Client: [________________________________]
Date of Loss: [__/__/____]
Your Insured: [________________________________]
Claim Number: [________________________________]
Policy Number: [________________________________]
Police Report No.: [________________________________]
Demand Amount: $[________________________________]

Dear [Adjuster Name]:

This firm represents [Client Name] ("our Client") in connection with injuries sustained in a motor vehicle collision occurring on [__/__/____] in [City/County], Ohio, caused by the negligence of your insured, [Insured Name]. This letter constitutes a formal demand for settlement of all claims arising from this collision.

We have thoroughly investigated this matter and concluded that your insured bears full liability for the collision and all resulting damages. The following sets forth the basis for our demand under Ohio law.

I. OHIO LEGAL FRAMEWORK

A. Statute of Limitations - ORC § 2305.10

Under ORC § 2305.10, the statute of limitations for bodily injury caused by tortious conduct is two (2) years from the date the cause of action accrues. This claim is timely, having accrued on [__/__/____], with the limitations period expiring on [__/__/____].

B. Modified Comparative Negligence - ORC § 2315.33

Ohio follows a modified comparative negligence standard under ORC § 2315.33. Key provisions include:

• 51% Bar Rule: A plaintiff is completely barred from recovery if the plaintiff's percentage of negligence is greater than the combined percentage of negligence of all defendants and other persons against whom the plaintiff's claim is not barred.
• Proportional Reduction: If the plaintiff's fault is 50% or less, the plaintiff's compensatory damages are reduced in proportion to the plaintiff's percentage of negligence.
• Joint and Several Liability: Under ORC § 2307.22, a defendant found more than 50% at fault is jointly and severally liable for economic damages. Defendants 50% or less at fault are liable only for their proportional share.

Our Client bears no comparative fault for this collision. [Alternatively: Our Client's fault, if any, is minimal and does not approach the 51% bar.]

C. Non-Economic Damages Caps - ORC § 2315.18

Ohio imposes statutory caps on non-economic damages. Under ORC § 2315.18, non-economic damages are limited to the greater of:

Exceptions - Caps Do Not Apply When Plaintiff Suffered:

☐ Permanent and substantial physical deformity

☐ Loss of use of a limb

☐ Loss of a bodily organ

☐ Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities

[Select applicable:] ☐ Our Client's injuries fall within the statutory cap / ☐ Our Client's injuries qualify for the catastrophic injury exception because: [________________________________]

D. Collateral Source Evidence - ORC § 2315.20

Under ORC § 2315.20, the defendant may introduce evidence of collateral benefits paid to the plaintiff, except when:

☐ The collateral source has a mandatory self-effectuating federal right of subrogation

☐ The collateral source has a contractual right of subrogation

☐ The collateral source has a statutory right of subrogation

☐ The benefits are in the form of life insurance or disability payments

Practice Note: Where collateral source evidence is admitted, the source that provided collateral benefits shall not recover any amount against the plaintiff and shall not be subrogated to the plaintiff's rights. Our Client's medical expenses were paid by [________________________________], which [retains/does not retain] subrogation rights.

E. Seat Belt Evidence - ORC § 4513.263

Under ORC § 4513.263, evidence of failure to wear a seat belt is admissible but may reduce damages by a maximum of 5%. [Select one:]

☐ Our Client was wearing a seat belt at the time of the collision.

☐ Seat belt use is not applicable/at issue.

F. Punitive Damages - ORC § 2315.21

Under ORC § 2315.21, punitive damages may be awarded where the defendant acted with malice or aggravated or egregious fraud. Punitive damages are generally capped at two times compensatory damages, with exceptions for certain intentional conduct. The punitive damages issue is tried in a bifurcated proceeding.

[Select if applicable:] ☐ The conduct of your insured may support a punitive damages claim because: [________________________________]

II. STATEMENT OF FACTS

A. The Collision

On [__/__/____], at approximately [____] [a.m./p.m.], our Client was [driving/riding as a passenger in] a [Year/Make/Model] [direction of travel] on [Street/Highway] in [City], [County] County, Ohio. At [intersection/location], your insured, operating a [Year/Make/Model], [describe negligent conduct - e.g., failed to stop at a red light, rear-ended our Client's vehicle, crossed the center line, etc.].

[________________________________]

[________________________________]

B. Police Report

The [City/County] Police Department responded to the scene and prepared Report No. [________________________________]. The investigating officer [determined your insured was at fault / cited your insured for: [________________________________] / noted the following: [________________________________]].

C. Your Insured's Negligence

Your insured was negligent in the following respects:

☐ Failed to maintain a proper lookout

☐ Failed to yield the right of way

☐ Followed too closely in violation of ORC § 4511.34

☐ Ran a red light/stop sign in violation of ORC § 4511.12 / § 4511.43

☐ Exceeded the posted speed limit in violation of ORC § 4511.21

☐ Operated a vehicle while distracted (cell phone, texting, etc.)

☐ Operated a vehicle under the influence (ORC § 4511.19)

☐ Failed to maintain assured clear distance ahead (ORC § 4511.21)

☐ Changed lanes unsafely in violation of ORC § 4511.33

☐ Other: [________________________________]

D. Witness Information

III. INJURIES AND MEDICAL TREATMENT

A. Emergency and Initial Treatment

[Describe emergency response, ambulance transport, emergency room treatment, and initial diagnosis.]

[________________________________]

[________________________________]

B. Diagnosis

Our Client sustained the following injuries as a direct and proximate result of the collision:

☐ [________________________________]

☐ [________________________________]

☐ [________________________________]

☐ [________________________________]

☐ [________________________________]

C. Course of Treatment

D. Future Medical Treatment

Based on medical advice from [treating physician], our Client will require the following future treatment:

E. Prognosis

[________________________________]

IV. DAMAGES

A. Economic Damages (ORC § 2315.19)

Past Medical Expenses:

Future Medical Expenses:

Lost Wages and Income:

Future Lost Earning Capacity:

Other Economic Damages:

Total Economic Damages: $[________________________________]

B. Non-Economic Damages

Cap Analysis (ORC § 2315.18):

C. Total Damages Summary

V. SETTLEMENT DEMAND

Based upon the foregoing facts, law, and damages, we hereby demand payment of:

$[________________________________]

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

This demand shall remain open for thirty (30) days from receipt, expiring on [__/__/____].

This demand is made without prejudice to our Client's right to seek additional damages, including punitive damages, attorney fees, and costs, should litigation become necessary. We reserve the right to amend this demand based upon additional medical treatment, discovery of additional evidence, or changes in our Client's condition.

Payment should be made by check payable to "[Law Firm Name] Trust Account" and forwarded to the undersigned at the address listed above, together with appropriate release documentation for review.

VI. DOCUMENTATION ENCLOSED

The following documentation is enclosed or available upon request:

☐ Police/crash report
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Medical records and bills (itemized)
☐ Employment/wage verification
☐ Property damage estimate/repair invoice
☐ Expert reports (if obtained)
☐ Witness statements
☐ Other: [________________________________]

Respectfully submitted,

[LAW FIRM NAME]

By: _______________________________
[Attorney Name]
Ohio Supreme Court Registration No. [________________________________]
[Email]
[Telephone]

cc: [Client Name]

OHIO AUTO ACCIDENT PRACTICE NOTES

Liability and Fault Analysis

☐ 51% Bar Rule (ORC § 2315.33): Plaintiff is completely barred from recovery if plaintiff's negligence exceeds 50% of total negligence of all persons. This is a strict cutoff - at exactly 51%, the plaintiff recovers nothing.

☐ Joint and Several Liability (ORC § 2307.22): A defendant found more than 50% at fault is jointly and severally liable for all economic damages. Defendants 50% or less at fault are severally liable only.

☐ Assured Clear Distance Ahead (ORC § 4511.21): In rear-end collisions, the following driver is presumed negligent for failing to maintain an assured clear distance. This creates a strong presumption of liability.

Damages Considerations

☐ Non-Economic Cap Calculation (ORC § 2315.18): The cap is the greater of $250,000 OR three times economic damages, up to a maximum of $350,000 per plaintiff ($500,000 per occurrence). Calculate carefully based on your economic damages total.

☐ Collateral Source (ORC § 2315.20): Unlike many states, Ohio allows defendants to introduce evidence of collateral benefits. However, if the collateral source retains subrogation rights (contractual, statutory, or federal), that evidence is excluded.

☐ Seat Belt Defense (ORC § 4513.263): Failure to wear a seat belt is admissible but can reduce damages by no more than 5%. This is a relatively minor defense.

☐ Punitive Damages (ORC § 2315.21): Require proof of malice or aggravated/egregious fraud. Capped at 2x compensatory damages. Tried in a bifurcated proceeding. Consider in DUI/impaired driving cases.

☐ Medical Bills - Paid vs. Billed: Ohio law under Robinson v. Bates (2006), 112 Ohio St.3d 17, allows evidence of both billed amounts and amounts actually paid or accepted. Present the full billed amount but anticipate defense arguments regarding write-downs.

Procedural Considerations

☐ Statute of Limitations: 2 years from date of injury (ORC § 2305.10). Calendar immediately upon intake.

☐ UM/UIM Coverage (ORC § 3937.18): Verify all available UM/UIM coverage. Ohio allows stacking in some circumstances. UM/UIM claims may be arbitrated per the policy.

☐ Pre-Suit Discovery: Ohio does not permit formal pre-suit discovery, but preservation demands should be sent to prevent spoliation of evidence (dashcam footage, cell phone records, etc.).

☐ Offer of Judgment (Ohio Civ. R. 68): Be aware of cost-shifting consequences if the offer is rejected and the judgment is not more favorable.

Sources and References

• ORC § 2305.10 (Statute of Limitations): https://codes.ohio.gov/ohio-revised-code/section-2305.10
• ORC § 2315.18 (Non-Economic Damages Caps): https://codes.ohio.gov/ohio-revised-code/section-2315.18
• ORC § 2315.20 (Collateral Source): https://codes.ohio.gov/ohio-revised-code/section-2315.20
• ORC § 2315.33 (Comparative Negligence): https://codes.ohio.gov/ohio-revised-code/section-2315.33
• ORC § 2315.21 (Punitive Damages): https://codes.ohio.gov/ohio-revised-code/section-2315.21