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Insurance would not settle

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gregorsc

Junior Member
What is the name of your state?Ohio, I just went thru a trial for an accident that was my fault.I hit another car, the girl filed a lawsuit against me nearly 2 years later. She was asking for $40,000 for injuries she claims was from the accident.My insurance co. would only offer $25,000 after a year of this it went to trial and the jury awarded her $181,000. I am only insured for $100,000 I didn't have any say in the matter and feel that if she had been offered what she was asking I would have been off the hook.The lawyer that represented me told me after the trial that the insurance co. gambled and lost and a rep. of the ins. co. said they would pay the full judgement but I have not received anything from the ins. co. releasing me of this judgement what should I do? If the ins. co. does not pay what are my options? Did the ins. co. act in a negligent manner?
 


teflon_jones

Senior Member
The insurance company took their chances (and yours) and lost. I would be amazed if they pay the full $181,000 if you're only insured for $100K. You're liable for the balance. Did you have your own lawyer in addition to the insurance company's lawyer? For $81,000, it may be worth your time to get a private lawyer and appeal this. Is your insurance company planning on appealing it?

What were the other persons injuries?
 

gregorsc

Junior Member
The insurance co. has asked the judge to reduce the award, they have made offers for less than the award thinking she would accept and if she didn't then they would appeal.Her injury claim is subjective she claims her strnum is bruised and causes her great pain every day. The doctors that have checked her out with all types of tests and cannot provide evidence of any damage.The judgement was for past pain and suffering, past inability to perform usual acts, Future pain and suffering and future inability to perform usual acts, Future lost wages(even though she still works a full time job in an office and 2 part time jobs as a cheerleading coach) she has never missed a day of work for any injuries and she had about 4 weeks of therapy when she chose to stop
 
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shell007

Guest
I would like to know the Ins. co, name as well.

That's alot of money for a sternum bruise. Not sure we are hearing the full extent of the injuries.

Another question: Why didn't the defendents ins. co. request their own medical exam of the injured by their own doctors/specialists?
 

MandyD

Member
shellandty said:
Another question: Why didn't the defendents ins. co. request their own medical exam of the injured by their own doctors/specialists?
Why would you assume they didn't?
 
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shell007

Guest
To the original poster of this question. Where did you go?

There were a couple of questions that I was waiting to hear reply about?

If you check back in.....leave a post if your up for more discussion on this issue.

Thanks :)
 

stephenk

Senior Member
to the posters questioning whether the carrier will pay, don't worry, it will pay the full judgment.

Once the other party made a settlement demand within the policy limits, the carrier is obligated to settle the case within the policy limits or take its chances by going to trial. They took their chance and lost therefore the carrier is on the hook for the full amount.

Now if the other side had demanded more than the policy prior to the trial, the carrier would only be obligated to pay up to the policy limit of $100K and the insured would be on the hook for the balance.
 
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shell007

Guest
Where can I learn more about this judgement in Ohio. If the original poster does not reply...where can I find out more?

Wouldn't this now be considered case law?

Thanks for your help. I don't think the original poster is comming back. :)
 

gregorsc

Junior Member
I'm Back

I'm back, sorry about leaving you hanging.Yes I'm willing to discuss this more if someone wants to ask me a question.
I will have to look up the name of the insurance co. that I had at the time of the accident, Ingram insurance in Fairfield Ohio was the agent.The insurance company hired the lawyer and they did have their own doctor check her out.As far as injuries go both doctors(hers and ours) agreed that there was no visable signs of injury, but she told them she was in pain.
 
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shell007

Guest
WOW.....If all doc's involved objectively found "no injury" just pain, that is one huge settlement no matter who ends up paying.

When did this case go to court, when was it finally settled, and what court or county did this case (not the accident) take place?

This is interesting....I would like to find out more! :)
 

gregorsc

Junior Member
The trial date was 10-4-05. I haven't received any info yet as to it being settled. My lawyer has requested to lower the reward based on the "Phantazie rule"(probably not spelled correct) but he also told me that the Insurance Co. told him they would pay full amount once all motions are settled. Trial was held in Clermont County Ohio
 
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shell007

Guest
But the trial, in and of itself, is over?

Was this a jury trial?

Who was "you're insurance co.?"

I hope the insurance co. does pay and nothing has to come out of your pocket. :)
 

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