QuestionI was rear-ended at a stop light be a college kid who was driving his girlfriends car. He stated that he fell asleep at the wheel @ 1:17Am on a sunny day (he had been moving all night to college - As I recall the cruise control was on in his vehicle). Totaled both cars. The driver had insurance (Gecko) and so did the gf's car. SO faulted him for failure to control & speed.
I was given a check for my car for it's salvage value. So the property claim is settled. The ins co offered $5K to settle. Only issue is that I have 10K in medical.
Hired an attorney that filed a lawsuit (before 2 yr mark up)on both the driver and the owner of the car. Ins co's attorney dragging their feet. Want to take my depo before offering up a settlement (I'm sure it will be why did you wait to get the other tests - no money).
MRI & Meylogram shows upper spinal injury and wrist injury of both wrists (compression). I have had problems in my lower back before.
Medically retired form the military (low back) so no real lost wages to claim.
Is there a percentage or can I ask for medical or a multiple of the medical or?? Id there a standard or - should we press for trial. I'm ok with the trial and so is the attorney (at this point).
Answer Hi Bob,
From a claims standpoint, what you're describing is a fairly common practice. Generally speaking, it is to the defense's advantage to "drag" their feet.
But having said that, I regret that you are asking me a legal question rather than a claims question. I can't give you a legal opinion. Sounds like your attorney knows what he is doing ... among other things willing to take it to trial rather than to accept a low premature offer.
Beyond that, you need to discuss these issues with your lawyer.
I wish you well.
Jane Pytel
http://SolutionsForYourinsuranceClaim.com
