QuestionI was involved in head on accident two years ago in Kentucky. The at fault insurance carrier has accepted 100% liability. Both vehicles which were BRAND NEW at the time were totalled by the adjuster. Totally payout to me alone was over $24k.
Both parties were taken by ambulance to hospital.
My PIP paid for the first $10k of my medical bills which were exhausted in the ER visit alone. The at fault driver was an elderly gentlemen and I am a 48 year old diabetic on disability due to complications from diabetes.
My medical bills involved xrays, cat scan, MRI (diagnosed a right wrist fracture) and chiropratic care for my soft tissue injuries. The bills to date are in excess of $26k with a $16k lien on my settlelment. When I initially finished treatment their first offer was $10, 000 (exclusive of PIP) then their second offer was $11,500 (exclusive of PIP). With my medical bills in excess of $26k I felt insulted by their offer.
Can you tell me what would motivate an adjuster to insult a claimant with such a ridiculous offer? Since their offer in 2010 my attorney counteroffered with a settlment offer of $52,500 since then we have had no response back from the adjuster.
I have seen had to return to the doctor and now have been diagnosed with carpal tunnel syndrome in the wrist that was fractured (confirmed by EMG). The hand surgeon believes it is a direct result from the car accident two years ago however my diabetes may cloud the picture.
My questions
1. If you were the adjuster would this be the reason you would come in with such a low offer?
2. With the property damage settlement check sent to me was in excess of $24k would this mean the bodily injury limit the at fault driver carries is in excess of $25k?
3. With my attorney requesting a settlement of $52,500 if the adjuster knows his insured limits are well under the amount we are asking do adjusters prolong negotiating by with holding the limits?
We do not know the policy limits and I have since told my attorney that if surgery is required on my wrist that the $52,500 offer will be off the table.
This adjuster I am told is very hard to deal with and my attorney has asked her for something in writing explaining the basis of her very very low offer to settle this case. To date we have had no response back from her since 12/10.
I understand it is a waiting game but do adjusters or take the attorney more seriously when they file suit versus send numerous emails and phones?
I know this is going to be a battle and think they plan to use my diabetes against me which I feel is not fair..my bills are not excessive and everything is documentated.
The two year deadline will be coming up in October. Should I request we file suit for trial? My attorney says "I am the boss" but his comments and actions make me feel he does not want to go to trial is this what adjusters bank on?
Thanks
Answer1. If you were the adjuster would this be the reason you would come in with such a low offer?
THE ADJUSTER SHOULD EXPLAIN THE BASIS FOR HER OFFER TO YOUR ATTORNEY. I DOUBT THAT SHE DID NOT EXPLAIN IT. THIS IS PART OF NEGOTIATING. I DO NOT HAVE ENOUGH INFORMASTION TO KNOW WHY SHE IS VALUING YOUR CLAIM SO LOW.
2. With the property damage settlement check sent to me was in excess of $24k would this mean the bodily injury limit the at fault driver carries is in excess of $25k?
ALMOST CERTAINLY. I'M NOT FAMILIAR WITH MINIMUM LIMITS IN YOUR STATE, BUT INJURY LIMITS ARE USUALLY MUCH HIGHER THAN PROPERTY DAMAGE.
3. With my attorney requesting a settlement of $52,500 if the adjuster knows his insured limits are well under the amount we are asking do adjusters prolong negotiating by with holding the limits?
WITH PD LIMITS OVER $24K, I DOUBT THAT IS THE ISSUE. IF THE ADJUSTER THINKS THE CASE IS WORTH LIMITS, THEY HAVE AN INCENTIVE TO OFFER THEM UP TO AVOID A LAWSUIT AND THE RISK OF EXCESS EXPOSURE TO THEIR INSURED.
This adjuster I am told is very hard to deal with and my attorney has asked her for something in writing explaining the basis of her very very low offer to settle this case. To date we have had no response back from her since 12/10.
MAY WANT TO HAVE YOUR ATTORNEY CALL THE CLAIM MANAGER TO COMPLAIN IF SHE IS NON-RESPONSIVE.
I understand it is a waiting game but do adjusters or take the attorney more seriously when they file suit versus send numerous emails and phones?
YES. NO ONE WANTS A LAWSUIT. IT IS VERY EXPENSIVE. BUT SOME ATTORNEYS WILL CHARGE A HIGHER PERCENTAGE ONCE SUIT HAS BEEN FILED, SO YOU SHOULD KNOW IF THIS IS THE CASE.
The two year deadline will be coming up in October. Should I request we file suit for trial? My attorney says "I am the boss" but his comments and actions make me feel he does not want to go to trial is this what adjusters bank on?
SOME ATTORNEYS ARE AFRAID OF THE COURTROOM. OBVIOUSLY I KNOW NOTHING ABOUT YOUR ATTORNEY. SOME WILL FARM THE CASE OUT TO A LITIGATOR IF THEY CAN'T SETTLE, WHICH MEANS THEY HAVE TO SPLIT THE FEE WITH THE LITIGATOR. SINCE THE TWO SIDES ARE SO FAR APART, IT SEEMS OBVIOUS THAT A LAWSUIT WILL BE NECESSARY, UNLESS THERE IS A MAJOR WEAKNESS TO YOUR CASE I AM NOT AWARE OF.
