Auto Accident Demand Letter - Washington

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF WASHINGTON

FOR SETTLEMENT PURPOSES — WASHINGTON ER 408 MAY LIMIT SPECIFIED USES OF DISPUTED-CLAIM NEGOTIATIONS

[FIRM NAME]
[________________________________]
[________________________________]
[City], Washington [____]
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, Washington. This letter constitutes a formal demand for settlement of our client's claims arising from the negligence of your insured, [________________________________].

If and to the extent this demand constitutes compromise negotiations concerning a claim disputed as to validity or amount, Washington ER 408 may limit specified uses of the negotiations. It does not itself create confidentiality or privilege and may permit use for another purpose. Washington law imposes a heightened duty of good faith on insurers (RCW 48.01.030), and the Insurance Fair Conduct Act (RCW 48.30.015) provides claimants powerful remedies — including treble damages and attorneys' fees — against insurers that act unreasonably. We expect this claim to be evaluated fairly and promptly.

I. WASHINGTON LEGAL FRAMEWORK

A. Pure Comparative Negligence (RCW 4.22.005)

Washington follows a pure comparative negligence system. RCW 4.22.005 provides verbatim:

"In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance."

Under pure comparative fault, a claimant may recover even if the claimant is 99% at fault — recovery is simply reduced by the claimant's percentage of fault and is never barred. Under RCW 4.22.070, the trier of fact allocates fault among entities that caused the claimant's damages, except entities immune from liability to the claimant under Title 51 RCW; each defendant is generally severally liable only for its proportionate share, subject to the joint-liability exceptions in RCW 4.22.070(1)(a)–(b).

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

B. Statute of Limitations — Three Years (RCW 4.16.080(2))

The statute of limitations for personal injury and for injury to personal property in Washington is three (3) years from the date of the accident under RCW 4.16.080(2). The collision occurred on [__/__/____]; the limitations period therefore expires on [__/__/____].

C. Mandatory Liability Insurance — 25/50/10 (RCW 46.29.090)

Washington requires every motor vehicle operated on its roads to be covered by liability insurance meeting the following minimums:

D. Personal Injury Protection (RCW 48.22.085)

Washington is not a no-fault state. PIP is optional, but every automobile liability policy must offer PIP coverage, which the named insured may reject only in writing. RCW 48.22.085(1) provides: "No new automobile liability insurance policy or renewal of such an existing policy may be issued unless personal injury protection coverage is offered as an optional coverage." PIP benefits, where carried, are paid regardless of fault and do not reduce the third-party liability recovery sought here. Washington applies the collateral source rule; PIP and health-insurance payments do not reduce the at-fault driver's liability.

E. Uninsured/Underinsured Motorist Coverage (RCW 48.22.030)

Washington requires UM/UIM coverage in motor vehicle liability policies unless rejected in writing. We reserve all rights to pursue UM/UIM benefits to the extent your insured's limits are insufficient to fully compensate our client.

F. No Cap on Compensatory Damages

Washington imposes no statutory cap on compensatory damages (economic or non-economic) in motor vehicle personal injury cases.

II. STATEMENT OF FACTS

A. Accident Description

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

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., Washington State Patrol, Seattle 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

Under Washington law, the elements of negligence are (1) a duty of care, (2) breach of that duty, (3) proximate causation, and (4) damages. Your insured breached the duty of care by:

☐ Violating RCW [________________________________] [cite specific traffic statute]
☐ Failing to keep a proper lookout
☐ Following too closely (RCW 46.61.145)
☐ Failing to yield the right of way (RCW 46.61.180 et seq.)
☐ Negligent / reckless driving (RCW 46.61.500 / § 46.61.525)
☐ Driving under the influence (RCW 46.61.502)
☐ Exceeding the speed limit (RCW 46.61.400)
☐ Using a personal electronic device while driving (RCW 46.61.672)
☐ Failing to obey a traffic control device (RCW 46.61.050)
☐ [________________________________] [other negligent conduct]

B. Proximate Causation and Allocation of Fault

Your insured's negligence was the direct and proximate cause of our client's injuries. Your insured bears 100% of the fault; our client bears 0% comparative fault.

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]. There is no cap on non-economic damages in Washington.

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 Washington 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, GOOD FAITH, AND IFCA NOTICE

We request immediate written confirmation of:

☐ The bodily-injury liability coverage limits
☐ Any umbrella or excess policies
☐ Whether coverage is disputed
☐ UM/UIM coverage limits on all applicable policies

Duty of Good Faith. Under RCW 48.01.030, the business of insurance is one affected by the public interest, requiring all persons — including insurers and their representatives — to act in good faith. An insurer that unreasonably fails to settle within policy limits where liability is clear may be liable in common-law bad faith and under Washington's Consumer Protection Act (RCW 19.86).

Insurance Fair Conduct Act (RCW 48.30.015) — Preservation of Rights. To the extent our client is a first-party claimant (including any UIM/PIP claim), we expressly preserve all rights under the IFCA. RCW 48.30.015(1)–(2) provides that any first-party claimant who is "unreasonably denied a claim for coverage or payment of benefits" may bring an action and the court "may . . . increase the total award of damages to an amount not to exceed three times the actual damages," and subsection (3) mandates an award of reasonable attorneys' fees and litigation costs (including expert fees) to a prevailing first-party claimant. Per RCW 48.30.015(8), a first-party claimant must provide twenty (20) days' written notice to the insurer and to the Office of the Insurance Commissioner before filing an IFCA action; this letter serves as advance notice of our client's intent to invoke those remedies if the claim is handled unreasonably.

VIII. MEDICAL RECORDS AUTHORIZATION

Enclosed is a HIPAA-compliant authorization (45 C.F.R. § 164.508).

I, [________________________________], authorize the following providers to release records related to the collision on [__/__/____] to [________________________________] [Insurance Company]:

This authorization expires on [__/__/____] or upon final resolution, whichever occurs first.

Signature: _________________________________ Date: [__/__/____]
Printed Name: [________________________________]

IX. ENCLOSED DOCUMENTATION

☐ Police/Accident Report
☐ Photographs (scene, vehicle damage, injuries)
☐ Medical records and itemized bills
☐ PIP payment ledger (if applicable)
☐ Proof of lost wages
☐ Property damage estimates/invoices
☐ HIPAA-compliant medical authorization
☐ Witness statements
☐ [________________________________]

X. WASHINGTON-SPECIFIC PRACTICE NOTES

☐ Pure Comparative Negligence: RCW 4.22.005 — recovery never barred by claimant's fault; damages reduced proportionally (recovery possible even at 99% fault)
☐ Several Liability: RCW 4.22.070 — defendants generally severally liable for their share; note joint-liability exceptions
☐ Three-Year SOL (PI + Property): RCW 4.16.080(2) — calendar [__/__/____]
☐ PIP Optional but Must Be Offered: RCW 48.22.085 — not a no-fault state; rejection must be in writing
☐ Collateral Source Rule: Full billed amount recoverable; PIP/health payments do not reduce liability recovery
☐ Minimum Limits 25/50/10: RCW 46.29.090
☐ UM/UIM Required Unless Waived in Writing: RCW 48.22.030
☐ No Damages Cap: No statutory cap on compensatory damages
☐ IFCA — Treble Damages + Fees: RCW 48.30.015 — first-party claimants; 20-day pre-suit notice to insurer and Insurance Commissioner
☐ Common-Law Bad Faith + CPA: RCW 48.01.030; RCW 19.86
☐ Settlement Communication: ER 408

Respectfully submitted,

[FIRM NAME]

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

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

SOURCES AND REFERENCES

• RCW 4.22.005 (Pure Comparative Negligence): https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005
• RCW 4.22.070 (Apportionment / Several Liability): https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.070
• RCW 4.16.080 (Three-Year SOL): https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
• RCW 48.30.015 (Insurance Fair Conduct Act): https://app.leg.wa.gov/rcw/default.aspx?cite=48.30.015
• RCW 48.01.030 (Good Faith): https://app.leg.wa.gov/rcw/default.aspx?cite=48.01.030
• RCW 48.22.085 (Mandatory PIP Offer): https://app.leg.wa.gov/rcw/default.aspx?cite=48.22.085
• RCW 48.22.030 (UM/UIM): https://app.leg.wa.gov/rcw/default.aspx?cite=48.22.030
• RCW 46.29.090 (Minimum Liability Limits): https://app.leg.wa.gov/rcw/default.aspx?cite=46.29.090