QuestionQUESTION: My son was a passenger in a car driven by a drunken 17 yr old friend. He was killed in an accident in July, 2010 and the driver was arrested for DUI, speeding, and reckless driving. His Insurance Co. has agreed to max policy limit for his death but continues to drag out this process saying there are 2 other claimants who suffered minor injuries. I have been unable to get them to agree to send the check and wonder what my next course of action will be. Demand Letter or lawsuit ? Thanks, Dad.
ANSWER: Dear George,
First, my sincerest sympathy. I cannot even imagine the depth of your pain.
Almost a year after the accident they have not settled for maximum limits! If they are paying out the limits, why would they haggle over 2 with minor injuries? My concern is they are going to pay you less than you deserve.
Do those passengers have attorneys? If they do, their attorneys are logically demanding as much as possible for their clients - leaving you perhaps with less than you deserve. Even if they are not represented, they might be making high demands. While their injuries might be minor, the question is, who is defining minor?
If you have not done so already, demand immediate payment - in writing. Question is, do you know what that payment should be? Has your pro rata portion been discussed?
If they continue to refuse to settle - which in Florida would be, in my opinion unfair claim handling - you might have to retain an attorney. The attorney will, of course, receive a portion of your settlement, probably starting at around 30%, and that seems so unnecessary.
On the other hand, sad as it is, sometimes an insurance company will not settle, or will not settle fairly, without an attorney pressing them.
The time involved to settle this is unreasonable. You will have to be firm, very firm from this point on. Only you can decide if you need an attorney. However, attorneys will usually provide a free consultation.
If you need follow up, please let me know. Also, you can get some more information on unfair claims handling on my website, http://SolutionsForYourInsuranceClaim.com
I wish you well.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
---------- FOLLOW-UP ----------
QUESTION: To answer your question, yes the other 2 claimants have retained attorneys but have yet to negotiate a figure. I will submit a Demand Letter and see what happens. I have been putting it off because the whole subject upsets me but I need to get it done. Thanks for your answer and sympathy.
AnswerHello again, George ...
Yes, that was my fear, that the attorneys for the other two were negotiating. As there is only so much coverage to go around, so to speak, I am just afraid that you are going to get out strategized by the attorneys - who do this for a living. Stick to your guns.
I wish you well. Please follow up if you need anything further. You might find some of the articles on my website helpful as well http://SolutionsForYourInsuranceClaim.com There is also a contact for me there if you have questions related to the subject matter.
Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
