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Demand Readiness
Case Evaluation Memorandum
Prepared for Patrick, Esq. · June 2026 · Not sent: confirm limits, then evaluate a time-limited demand
Devon Smith: Auto Collision in Davidson County, TN. On February 2, 2026, Mr. Smith was stopped at a Nashville intersection when a Green Courier delivery vehicle struck his car from behind. Known specials ($31,000) already exceed the $25K per-person limit. Strong candidate for a time-limited policy-limits demand once records are complete.
On February 2, 2026, Mr. Smith was stopped at a Nashville intersection when a Green Courier delivery vehicle struck his car from behind. The investigating officer found the Green Courier driver at fault. Tennessee law required that driver to keep a safe distance behind Mr. Smith’s vehicle. Tenn. Code Ann. § 55-8-124(a). A driver who violates a safety statute of this kind is negligent per se. Whaley v. Perkins, 197 S.W.3d 665 (Tenn. 2006). Green Courier answers for its driver: proof that it owned the delivery vehicle is prima facie evidence that the driver was operating it within the scope of employment. Tenn. Code Ann. § 55-10-311(a). Mr. Smith was stopped and did nothing to contribute to the collision. Progressive has reported a $25,000 per-person bodily-injury limit for this loss.
Known specials ($31,000) already exceed the $25,000 per-person limit. This is a policy-limits matter; the realistic recovery from the at-fault carrier is the $25,000 limit, with UM/UIM to be evaluated above it.
Confirm the Progressive limit, complete the outstanding records, and send a time-limited policy-limits demand. Open and preserve the client’s own UM/UIM claim in parallel.