DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
COMMONWEALTH OF PENNSYLVANIA
[FIRM NAME]
[Street Address]
[City, Pennsylvania 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. PENNSYLVANIA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under 42 Pa.C.S. Section 5524, the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
Pennsylvania follows modified comparative negligence under 42 Pa.C.S. Section 7102. Plaintiff barred if fault is greater than combined fault of defendants.
C. Limited Tort vs. Full Tort Election
Pennsylvania has a "choice" system:
Limited Tort: Cannot recover for non-economic damages unless injury is a "serious injury":
- Death
- Serious impairment of body function
- Permanent serious disfigurement
Full Tort: Full right to sue for all damages
Our client elected: [Limited Tort / Full Tort]
[If Limited Tort:]
Our client meets the serious injury exception because: [Describe how threshold is met]
D. No Damage Caps
Pennsylvania Constitution Article III, Section 18 prohibits legislative caps on damages.
II. TORT ELECTION ANALYSIS (If Limited Tort)
Our client's injuries satisfy the "serious injury" exception to the limited tort threshold:
☐ Serious Impairment of Body Function: [Describe how this standard is met per Washington v. Baxter, 719 A.2d 733 (Pa. 1998)]
☐ Permanent Serious Disfigurement: [Describe]
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]
Pennsylvania ID No. [Number]
PENNSYLVANIA PRACTICE NOTES
☐ Limited/Full Tort: Critical - verify client's election
☐ 51% Bar Rule: Barred if fault greater than defendants' combined fault
☐ No Damage Caps: Constitutional protection
☐ First Party Benefits: Required coverage
☐ Household Exclusion: 75 Pa.C.S. Section 1738 - Limitations on household recovery
☐ Punitive Damages: Available for outrageous conduct; no statutory cap