going to court Sept 10

[sherbert]

What is the name of your state? Arkansas
After months of trying to just GET an offer from the ins. co. on my well-documented, legitimate personal injury, for which they've admitted fault, they've just offered next to nothing and said it is their last offer. I'm so mad, I figure I'll take them to court and make them spend as much as possible (on attnys & expert witnesses) whether I get any of the $$ or not! It's so small, it's not worth it to settle. My ins. co. paid the bills under med-pay, so I'm not out any $. I'm not going to settle for so little and I believe the ins. co. has acted in bad faith and used fraudulent, deceptive and unfair settlement tactics, which I have documented also. I'm faxing and complaint to the Ark. Dept. of Insurance, but my question is, can an insurance co. be sued for unfair & deceptive settlement practices? I just want to bug the heck out of them any way I can, at this point. It's WAY beyond the $$ issue now!Send ideas!

thanks, sherbert

 

[stephenk]

if arkansas law is similar to california law, there is no unfair claims practice in a third party situation. Since you are not insured by the other driver's insurance company they dont owe you a duty to act in good faith in regard to trying to settle your case.

Just for perspective, what are you demanding and what are they offering?

 

[sherbert]

My medical alone was $6,700. I asked for mileage for trips to doctors and pharmacies and at .26 per mile that came to $637. I am self-employed, so my attorney said I could ask for potential lost income and the most provable time lost seemed to be the time I spend in treatment or driving to it, so I asked for $4424 (my hourly rate x the hours spent). That all comes to $11,761 which I multiplied x 3 for pain & suffering. Of course, I expected to settle for somewhere around 2x the amount, which I've read & been advised is standard, but was only offered $9,000 as their final offer. After repaying my med-pay insurance and paying my attorney, I might net $3,000. But like I told my attorney, it's not about how much I can get anymore. If I settled for so little on a valid claim, I'd basically be admitting that I really wasn't hurt, I really didn't need the treatment, and I was really just a liar trying to rip off an insurance company and none of that is true. I felt like that offer was degrading and insulting, so if they won't pay me a fair settlement, I can make them spend as much as possible by going to court. I may not get any more money, but they'll have to spend more by the time it's all said and done. That may be the only satisfaction I get out of all this! Ha!

Sherbert

 

[stephenk]

has there been an arbitration or did the other side serve a statutory offer of settlement?

there is a purpose to these questions.

 

[sherbert]

My attorney reqested arbitration after he file suit, but apparently the insurance co. didn't respond to that. I don't know what the other thing you asked means (statuatory something.)

Sherbert

 

[sherbert]

Their first offer at the adjuster level, was for $1,500. Their final offer was $9,000 at the attorney level.

Sherbert

 

[stephenk]

was the final offer by way of just a letter or phone call? If yes, then you are somewhat safe from having to pay the defense costs if you are awarded less than what they offered.

If you are awarded zero, then the defense can request you pay their regular costs of the lawsuit (filing fee, deposition fees, jury fees)

good luck.

 

[sherbert]

The offers from the attorney were just by phone call. That is interesting though about the defense being able to request that I pay their court costs if I'm awarded less than their offer. I thought there could be NO mention of insurance in the court proceedings. My attorney has not mentioned anything like that to me. I guess it would be in the form of a judgement? How can they make me pay if I have no money? They can't hurt my credit rating anymore than my ex-husband did, so that's no threat. How does that work and why would I be further penalized for what they are going into court admitting fault for? Supposedly, it's just a damages issue now.

Sherbert

 

[stephenk]

you have nothing to worry about based on how the offers were made.

If Arkansas is like California, if you get a zero dollar award, the defense can get their regular costs back, ie. filing fee for the answer to your complaint, deposition costs, copying costs of medical records, witness fees for the trial and jury fees.

They can go after your wages or put a lien on any property you own.

 

[sherbert]

Thanks for your adivce. I'm wondering what response I should have if they come back with another offer right before court on Tues. I'm guessing it won't be more than my last counter-offer of $15,000, but at that point I'm sure my attorney will want his full 1/3 ( on the $9,000 offer he was willing to take only $1,500), so I would net $5500 after repaying med-pay 2/3 of what they paid out on my claim and paying the reduced amount my attny negotiated on the Tens unit that is not paid for yet. And I will have traveled round-trip 700 miles to go to court since I live in a different state now. I just don't know how I will feel at that point, but I"m trying to think through these decisions ahead of time.

Should I be more concerned if they make another offer in writing?

Thanks,
Sherbert

 

[stephenk]

no, because it is too close to the trial date.

you wont get any money for the mileage or time to go to court because those items are not "damages" that are a result of the accident but your own choice to move out of the local area.

 

[sherbert]

I never thought I would get mileage for traveling to the trial, but it effects how I think of the whole situation. It's just one more reason to make them actually go to trial even if they make another offer.

I'll be leaving soon but I'll post & let you know how things turned out.

Sherbert