Questiongood morning, statue of limitations is 3/31/09!! auto accid. settlement for pass. offered 80,000 doa was 1//07
state of nj. this offer came by phone. need to call this person back today! policy pays 100,000. how and what do i say to person when i call back? can this person on the phone negotiate with me?? since limitation is 3/31/09 the phone calll was a shock to begin with! didnt know we were entitled to $$. anything you could offer with what to say would be most helpful. 90,000 is fair in the middle
AnswerHi Joy,
I will try to be as kind as possible, but it is going to be difficult. You have squandered any opportunity to receive anything from this accident. Hence, you are lucky to have any offer and be glad for that and settle and be done with it.
As you may have learned from the Internet Doctor Settlement teaches expert guidance on personal injury insurance settlements DO IT YOURSELF. But in this case, you have waited so long that you have no negotiating power at all. Hence, you need an attorney ASAP UNLESS YOU HAVE IN WRITING an AGREEMENT TO SETTLE before the close of business Monday, March 30th. Fax is fine, and so is e-mail.
That will give an attorney one day to draft up the lawsuit and to file it. It has to be filed or served before the courthouse closes on the last day of the statute of limitations. I would make calls on Monday if you cannot settle over the weekend. You may have to pay $500 cash to have it drafted, plus filing fees. You do NOT need a super attorney to do this; pick someone who is new and hence hungry for $500 and make her do it ASAP.
If the insurance adjuster will not e-mail or fax a written confirmation of the settlement by close of business 3/30, you need to hire an attorney to at least FILE THE LAWSUIT. Once it is filed, you could negotiate a bit, but the lawsuit has to be served within 90 days or the filing will be no good.
Here is the link to statute of limitations http://www.settlementcentral.com/page0452.htm
Here is what I would do today.
1. Do NOT act surprised to get this offer.
2. Let them know that you do have an attorney ready to file the lawsuit on Tuesday.
3. Ask for something more than the offer, and back it up with some kind of facts regarding your pain and suffering.
4. Try to get some quotes from your doctors if possible. If not, put your arugments down in writing and tell them to the adjuster.
5. If they will not increase their offer, then take what you can and get a full settlement agreement in writing.
6. Once you do have an agreement, then ask them to fax or e-mail the agreement to you. That should be an enforceable contract to settle, if in writing, and so they should be bound by their promise to pay you.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
