ACCIDENT, CAR INSURANCE AND LAWYER QUESTION….NEED ADVICE.?
By | Published: August 26, 2010
I was in an automobile collision where a alternative was found liable. we have a counsel as well as he sent out a direct minute & a adjuster came behind $13,500 though my laywer pronounced no as well as demanded process extent of $25,000. Today he sent out something about suing a estate (the male who strike me died in a accident) so he can’t be sued as well as no a single has his estate, it’s in a county’s hands. my laywer pronounced he had to discuss it this in a journal in box someone comes brazen to explain a estate. He is anticipating this will pull a adjuster to give a extent as well as if not he will take it to trial. we unequivocally do not assimilate what all this equates to as well as when we ask my laywer we do not assimilate him possibly as well as we hatred to keep asking him. Can someone mangle this down as well as discuss it me what is starting upon here. Thank you.
NO…that hardly even covers healing bill.
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3 Comments
How much damage was done? Who determined the amount of damage? If the $13,500 covers the damage, why is your lawyer trying to tap out the insurance policy? If it does not cover the damage, then you have a case. If your attorney is just trying to get all he can, then shame on him.
Many things could have happened here… as we dont know your case… you need to talk to your lawyer about this.. not us.. isnt that what your paying him 33% of your settlement for?
Just b/c you have 13k in medicals DOES NOT mean you should get policy limits.
What if you had 13k in medical bills for a very slight injury and the other company thinks you overtreated? They dont have to even pay the full amount of medical bills if the treatment was not appropriate for your injury. Its amazing how many people i see with “whiplash” that get 13k in medical bills because they love the feel good massages they get 3 x a week.
The insurance company is making what they feel is an appropriate offer for your injury…. your lawyer is making a demand for policy limits b/c thats his job and he wants a new porsche. Eventually they are probably going to meet halfway and agree on a settlement.
Of course… after you pay the 1/3 of your settlement to yoru bloodsucking lawyer you probably will only have enough to pay your medical bills anyways even if you do get policy limits. (b/c btw.. they dont pay you anymore just b/c you have an attoreny… )
You should discuss this with your attorney. Ask him to explain his demand in terms you understand. Your attorney can demand the policy limit, but it does not mean that he will get it. You stated that the decedent(other guy) was liable. Do you know if the adjuster has found some comparative negligence on you? If so, the settlement has been reduced by that amount. Also, if this loss occurred in a No-Fault state where PIP coverage is mandatory, your medicals are not included in the settlement.
The adjuster evaluated the claim based on your injuries, the extent of your treatment, disability and permanency if any. The adjuster will not increase the offer, if your attorney refuses to move off of the demand for the policy limits. Your attorney may be holding firm at the $25k so he can tap into your under insured coverage. The primary usually has to be exhausted before your under insured coverage kicks in.(not all of the time).
You probably will not be able to resolve this matter until the Probate Court resolves the estate issue. FYI, filing suit is a senseless tactic that plaintiff attorneys use. Adjusters are not intimidated, and do not automatically fold just because suit is filed. Ask him to consider binding arbitration, if the matter cannot be resolved through the normal course of negotiations.
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