DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF OKLAHOMA
[FIRM NAME]
[Street Address]
[City, Oklahoma 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. OKLAHOMA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under 12 O.S. Section 95(A)(3), the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
Oklahoma follows modified comparative negligence under 23 O.S. Section 13. Plaintiff barred if more than 50% at fault.
C. No Damage Caps
Oklahoma does not cap compensatory damages in personal injury cases. Previous caps were ruled unconstitutional by the Oklahoma Supreme Court. Beason v. I.E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019).
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]
Oklahoma Bar No. [Number]
OKLAHOMA PRACTICE NOTES
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ No Damage Caps: Caps ruled unconstitutional
☐ Joint Liability: Several liability under 23 O.S. Section 15
☐ Punitive Damages: 23 O.S. Section 9.1 - Greater of $100,000 or actual damages (exceptions)