Vent Time against Insurance Co

[dkweaver]

What is the name of your state? Multi Jurisdicitonal

3 years after the accident..

150 k in lost wages
40 K + in medical

Call and say they don't want to go to court and offer...

30K

Is this a common practice or did they really go to the ACME law school?

We are off to court now I guess.

If they come back with any more offers can somone give me an idea as to what to expect?

 

[JETX]

Offers may be multi-variable.

 

[smorr]

Sounds like a case of ACME Law School to me. But a question - has there been an attorney involved in this for your interests? If not, would three years be beyond the statute of limitations for a litigation claim even if you've been in contact with the insurance company all along? (JETX can you help here?)

Assuming the answer to the above is in your favor - I'm doubtful that they'll come back with a higher settlement unless there's proof that the claim is worth more. What type of medical claims? You don't indicate if you've received any type of IME (independent medical examination) that corroborates your claim of the medicals. You also have to prove that your disability is permanent enough to warrant full claim on income of $50K per year for three years. The insurance company will question the above before they make offers or increase offers.

And lastly - what an awesome signture JETX! Only in America can those types of instructions actually make it on the package!

 

[JETX]

More to follow... "I got a million of 'em"

 

[dkweaver]

Sounds like a case of ACME Law School to me. But a question - has there been an attorney involved in this for your interests? If not, would three years be beyond the statute of limitations for a litigation claim even if you've been in contact with the insurance company all along? (JETX can you help here?)

Assuming the answer to the above is in your favor - I'm doubtful that they'll come back with a higher settlement unless there's proof that the claim is worth more. What type of medical claims? You don't indicate if you've received any type of IME (independent medical examination) that corroborates your claim of the medicals. You also have to prove that your disability is permanent enough to warrant full claim on income of $50K per year for three years. The insurance company will question the above before they make offers or increase offers.

And lastly - what an awesome signture JETX! Only in America can those types of instructions actually make it on the package!

Attorney involved since the begining. Medical treatment been since week after accident from a licensed MD.(Physiatrist)
2 IME with high disability rating..
This was also a workers comp claim.. received 100% occupational disability.
Hubby was hit behind by a semi..driver was in his 70's with various heart problems.
Have payroll statements verifying loss of wages for the past 3 years.

 

[smorr]

If all you've mentioned is ongoing (injuries, etc.) you're obviously asking much more than they're offering. Insurance companies are notorious for trying to settle out of court, because it costs them money to fight it. You're right - looks like it's heading to court.

I'd expect a higher offer about a week or two before trial. It'll be up to you to accept or reject it. If you reject it, trial could last a few days depending on the amount of evidence your attorney has to offer and how many people are called in as witnesses.

If you win, the company may appeal - if you lose - you're out of the entire amount and in debt to an attorney. Don't be fooled - insurance defense attorneys are vicious and can successfully defend even cases that seem a sure winner for the person who was hit - even those rear enders! I work for an insurance defense law firm - a large firm - pray they don't come up with a surveillance video tape of your husband doing yard work or walking into a gym or carrying something like a case of beer as part of their defense! It'll blow the whole case out the window. (I've seen it happen!)

Best of luck.