Auto Accident Demand Letter - Vermont

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF VERMONT

SETTLEMENT COMMUNICATION

[FIRM NAME]
[________________________________]
[________________________________]
[City], Vermont [____]
Telephone: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

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

RE: SETTLEMENT DEMAND — MOTOR VEHICLE COLLISION
Our Client: [________________________________] (hereinafter "Claimant")
Date of Loss: [__/__/____]
Location of Accident: [________________________________]
Your Insured: [________________________________] (hereinafter "Tortfeasor")
Policy Number: [________________________________]
Claim Number: [________________________________]
Date of Birth: [__/__/____]
Age at Time of Accident: [____]

Dear [________________________________]:

This firm represents [________________________________] (hereinafter "Claimant") in connection with personal injuries and damages sustained in a motor vehicle collision that occurred on [__/__/____] in [________________________________] County, Vermont. This letter constitutes a formal demand for settlement of our client's claims arising from the negligence of your insured, [________________________________].

Please review the liability and damages evidence enclosed and respond to this settlement proposal by the date below.

I. VERMONT LEGAL FRAMEWORK

A. Modified Comparative Negligence — 51% Bar (12 V.S.A. § 1036)

For negligence resulting in personal injury or property damage, 12 V.S.A. § 1036(a) allows reduced recovery when the claimant's negligence is no greater than the defendants' combined causal negligence.

Under this "51% bar" rule, a claimant recovers so long as the claimant's negligence is not greater than the combined causal negligence of the defendants — that is, the claimant's fault must be 50% or less. If the claimant is 51% or more at fault, recovery is barred. Where the claimant's fault is 50% or less, damages are reduced in proportion to the claimant's percentage of fault.

In the present case, your insured bears 100% of the fault for this collision. Our client bears 0% comparative fault.

B. Statute of Limitations

Personal Injury — Three Years (12 V.S.A. § 512(4))

The statute of limitations for an action for injury to the person is three (3) years after accrual under 12 V.S.A. § 512(4), which deems the cause to accrue on discovery of the injury. Do not calculate the deadline from the collision date unless counsel determines that the statutory discovery date is the same date. Record the injury-discovery facts, any claim-specific exception or tolling issue, and counsel's calculated deadline: [__/__/____].

Damage to Personal Property — Three Years (12 V.S.A. § 512(5))

Vermont's three-year period under 12 V.S.A. § 512(5) applies to damage to personal property, including a collision-damaged vehicle. Classify any distinct real-property, contract, or other economic claim separately rather than assuming § 511 controls all property loss.

C. Mandatory Liability Insurance — 25/50/10 (23 V.S.A. § 800)

Under 23 V.S.A. § 800(a), an owner whose motor vehicle must be registered, or an operator who must be licensed or permitted, may not operate or permit operation on Vermont highways without a liability policy or bond meeting these minimums, or the statutory self-insurance alternative:

D. Uninsured/Underinsured Motorist Coverage (23 V.S.A. § 941)

Vermont law requires UM/UIM coverage in motor vehicle liability policies covered by 23 V.S.A. § 941(a), with the bodily injury minimums specified in § 941(c). Our client reserves rights under any applicable UM/UIM policy. For underinsured status, § 941(f) compares the tortfeasor's applicable liability limits, or the coverage remaining after payments to others injured in the crash, with our client's applicable UM limits; damages alone do not establish that status.

II. STATEMENT OF FACTS

A. Accident Description

On [__/__/____], at approximately [____] [a.m./p.m.], our client, [________________________________], was operating a [____ Year] [________________________________] [Make/Model], bearing Vermont license plate [________________________________], traveling [direction] on [________________________________] [Street/Highway/Route] in/near [________________________________], [________________________________] County, Vermont.

Your insured, [________________________________], was operating a [____ Year] [________________________________] [Make/Model], bearing license plate [________________________________]. Your insured [________________________________] [describe negligent conduct].

As a direct and proximate result of your insured's negligence, your insured's vehicle struck our client's vehicle [________________________________] [describe point of impact].

B. Weather and Road Conditions

Weather conditions were [________________________________]. Road conditions were [________________________________]. Visibility was [________________________________]. The posted speed limit was [____] miles per hour.

C. Police Report

The collision was investigated by [________________________________] [agency, e.g., Vermont State Police, Burlington Police Department]. The investigating officer, [________________________________], prepared a report assigned Case Number [________________________________]. The report [________________________________] [summarize findings, citations issued].

D. Witnesses

E. Physical Evidence

☐ Photographs of the accident scene preserved
☐ Photographs of vehicle damage preserved
☐ Photographs of client's visible injuries preserved
☐ Dashcam or surveillance video footage [is/is not] available
☐ Event Data Recorder (EDR) data [has/has not] been preserved
☐ Traffic camera footage [has/has not] been requested

III. LIABILITY ANALYSIS

A. Negligence of Your Insured

The facts supporting our client's claim that your insured caused the collision are:

☐ Violating 23 V.S.A. § [________________________________] [cite specific traffic statute]
☐ Failing to keep a proper lookout
☐ Following too closely (23 V.S.A. § 1039)
☐ Failing to stop or yield at a posted intersection (23 V.S.A. § 1048)
☐ Using a handheld portable electronic device contrary to 23 V.S.A. § 1095b
☐ Driving under the influence (23 V.S.A. § 1201)
☐ Driving faster than reasonable for conditions or above the applicable limit (23 V.S.A. § 1081)
☐ Negligent operation on a public highway (23 V.S.A. § 1091(a))
☐ [________________________________] [other negligent conduct]

B. Proximate Causation

Your insured's negligence was the direct and proximate cause of our client's injuries. But for the negligent conduct, this collision would not have occurred.

C. Allocation of Fault

Your insured bears 100% of the fault. Our client bears 0% comparative fault and is therefore well within the 51% bar of 12 V.S.A. § 1036.

IV. INJURIES AND MEDICAL TREATMENT

A. Emergency Treatment

Following the collision, our client was [________________________________] [describe transport / facility] on [__/__/____]. Presenting complaints included:

• [________________________________]
• [________________________________]
• [________________________________]

B. Medical Treatment Chronology

C. Current Medical Status and Prognosis

As of this demand, our client [________________________________] [describe current condition / prognosis]. Dr. [________________________________] has opined that [________________________________].

D. Future Medical Treatment

V. DAMAGES

A. Past Medical Expenses

B. Future Medical Expenses

C. Lost Wages and Income

Our client was employed by [________________________________] as a [________________________________] earning $[________] [per period]. As a direct result of the injuries, our client was unable to work for [________________________________].

D. Loss of Earning Capacity

[If applicable] $[________]

E. Property Damage

F. Out-of-Pocket Expenses

G. General Damages (Pain and Suffering)

Our client has endured significant physical pain, emotional distress, and diminished quality of life. [________________________________] [Describe nature and severity of pain, impact on daily life, sleep, anxiety, loss of enjoyment].

General Damages Valuation: $[________]

H. Loss of Consortium

[If applicable] Our client's spouse, [________________________________], asserts a claim for loss of consortium. Loss of Consortium Damages: $[________]

I. Summary of Damages

VI. DEMAND FOR SETTLEMENT

Based upon the foregoing, we demand settlement in the total amount of:

$[________________________________]

This demand is open for thirty (30) days, expiring on [__/__/____]. If we do not receive a meaningful response or acceptable offer by that date, we will file a civil complaint in the appropriate Vermont Superior Court without further notice.

This demand covers all claims including:

☐ Personal injury claims
☐ Property damage claims
☐ Loss of consortium (if applicable)
☐ All past, present, and future damages

VII. POLICY-LIMITS DISCLOSURE AND GOOD FAITH

We request immediate written confirmation of:

☐ The bodily-injury liability coverage limits
☐ Any umbrella or excess policies
☐ Whether coverage is disputed
☐ Any other liability coverage potentially available to your insured

We ask for prompt consideration of this demand. Section 4724(9)(F) lists failure to attempt in good faith to effectuate prompt, fair, and equitable settlements where liability has become reasonably clear among unfair claim settlement practices, when the listed conduct occurs with frequency indicating a business practice. This letter does not assert that a single disputed claim establishes such a practice.

Under 23 V.S.A. § 941(g), please provide a written statement of your insurer's and insured's names and the liability coverage limits within 30 days after receiving this written request.

VIII. ENCLOSED DOCUMENTATION

☐ Police/Accident Report
☐ Photographs (scene, vehicle damage, injuries)
☐ Medical records and itemized bills
☐ Proof of lost wages
☐ Property damage estimates/invoices
☐ Separately executed medical-records authorization, if supplied
☐ Witness statements
☐ [________________________________]

IX. VERMONT-SPECIFIC PRACTICE NOTES

☐ Modified Comparative Negligence (51% Bar): 12 V.S.A. § 1036 — recovery allowed if claimant's fault is not greater than the defendants' combined fault (50% or less); damages reduced proportionally
☐ Three-Year PI SOL: 12 V.S.A. § 512(4) — calendar [__/__/____]
☐ Three-Year Personal-Property SOL: 12 V.S.A. § 512(5) — calendar [__/__/____]
☐ Minimum Limits 25/50/10: 23 V.S.A. § 800
☐ UM/UIM: 23 V.S.A. § 941
☐ Underinsured Status: 23 V.S.A. § 941(f) — compare applicable liability coverage with the claimant's UM limits
☐ Unfair Claim Settlement Practices: 8 V.S.A. § 4724(9) — listed practices require frequency indicating a business practice

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[________________________________]
[Attorney Name]
Vermont Bar No. [________________________________]
[________________________________]
[Street Address]
[________________________________]
[City, Vermont ZIP]
Telephone: [________________________________]
Email: [________________________________]

cc: [________________________________] [Client Name]
Enclosures: As noted above

SOURCES AND REFERENCES

• 12 V.S.A. § 1036 (Comparative Negligence): https://legislature.vermont.gov/statutes/section/12/027/01036
• 12 V.S.A. § 512 (Three-Year PI SOL): https://legislature.vermont.gov/statutes/section/12/023/00512
• 23 V.S.A. § 800 (Mandatory Liability Coverage): https://legislature.vermont.gov/statutes/section/23/011/00800
• 23 V.S.A. § 941 (UM/UIM Coverage): https://legislature.vermont.gov/statutes/section/23/011/00941
• 8 V.S.A. § 4724 (Unfair Insurance Claim Settlement Practices): https://legislature.vermont.gov/statutes/section/08/129/04724