DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF OREGON
[FIRM NAME]
[Street Address]
[City, Oregon 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. OREGON-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under ORS 12.110, the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
Oregon follows modified comparative negligence under ORS 31.600. Plaintiff barred if fault is not less than the combined fault of defendants.
C. Damage Caps
Oregon's non-economic damage caps have been ruled unconstitutional as applied to personal injury cases. Horton v. OHSU, 359 Or. 168 (2016).
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]
Oregon State Bar No. [Number]
OREGON PRACTICE NOTES
☐ 51% Bar Rule: Barred if fault equal to or greater than defendants' combined fault
☐ No Damage Caps: Caps unconstitutional for personal injury
☐ PIP Required: ORS 742.520 - First-party PIP benefits mandatory
☐ Punitive Damages: ORS 31.730 - 70% to state fund
☐ Joint Liability: ORS 31.610 - Several liability for non-economic damages