JamesMR1967
Member
Here's an update on my situation.
I went and spoke with my lawyers yesterday, I didn't really get the results I wanted, then again I was very nervous and didn't want to come off rude. So my lawyer basically says that the lawyer speaking with the adjuster wrote up a post-mediation report so the "higher" up person who needs to approve releasing a higher amount of money already knows about the request for approval, and he's "looking it over". Not really sure what that means. He then says he's going to get a deposition from my surgeon and try to get a picture of the x-ray of my leg fracture. I was surprised because I thought he already had this. I mentioned sending a demand letter for a set amount as a last resort, but he seemed to really be pushing getting this deposition and I didn't want to upset them. He told me the lawyer working with the adjuster is a good friend and he has faith the insurance company will take his advice.
These lawyers are very nice people and I don't want to come off as rude, but they aren't very good at communicating. The 1st woman who handled my case said it could take up to 6 months, she also took pictures of my injuries. After my deposition my attorney was asking if I had any pictures of my injuries, so I guess they must of lost them during the switch over. My lawyers seemed surprised and almost baffled by the low offers the other side was making, do they really not know about "adjuster limits" by now. Surely this can't be the 1st time they have run into this problem. If they were going to request the limits they should of made sure we were actually talking to someone who had the authority to approve that. Mediation was a waste of time and money that comes out of my settlement.
Furthermore, I don't see why they didn't get the deposition of the surgeon by now. It seems like my lawyer is taking it as a last minute negotiating tactic to pressure the other side into talking about a settlement. This should of been done before mediation, my lawyers walked into the mediation like cowboys, after an hour of not getting anywhere, they were ready to leave. The mediator had to calm them down, they didn't even talk to me about anything.
Mediation is required before trail in this state, I think. So I initially thought that my mediation was on pause, then shortly after they would get in touch with this "higher up" person. I'm confused now as if this counted as an unsuccessful mediation, meaning that the insurance company doesn't have to continue negotiating. If that's the case, send them a demand letter for an amount I won't go lower than (I don't need the limits, but they didn't even discuss this with me), make it clear we won't settle for any lower, and schedule a trail date. Bottom line is they will either eventually pay that amount or they won't. If they are going to draw this out anyways, might as well schedule a trail date. What's bad is I've thought this over, 325k is not that far from 250k, it leaves the insurance company with some money. My lawyers want to take them for everything because their client lied about the accident, but the insurance company has the money, I just don't think that attitude is going to get us anywhere in terms of negotiating and apparently they can't even back it up. I feel like I have no say in this case at all.
I went and spoke with my lawyers yesterday, I didn't really get the results I wanted, then again I was very nervous and didn't want to come off rude. So my lawyer basically says that the lawyer speaking with the adjuster wrote up a post-mediation report so the "higher" up person who needs to approve releasing a higher amount of money already knows about the request for approval, and he's "looking it over". Not really sure what that means. He then says he's going to get a deposition from my surgeon and try to get a picture of the x-ray of my leg fracture. I was surprised because I thought he already had this. I mentioned sending a demand letter for a set amount as a last resort, but he seemed to really be pushing getting this deposition and I didn't want to upset them. He told me the lawyer working with the adjuster is a good friend and he has faith the insurance company will take his advice.
These lawyers are very nice people and I don't want to come off as rude, but they aren't very good at communicating. The 1st woman who handled my case said it could take up to 6 months, she also took pictures of my injuries. After my deposition my attorney was asking if I had any pictures of my injuries, so I guess they must of lost them during the switch over. My lawyers seemed surprised and almost baffled by the low offers the other side was making, do they really not know about "adjuster limits" by now. Surely this can't be the 1st time they have run into this problem. If they were going to request the limits they should of made sure we were actually talking to someone who had the authority to approve that. Mediation was a waste of time and money that comes out of my settlement.
Furthermore, I don't see why they didn't get the deposition of the surgeon by now. It seems like my lawyer is taking it as a last minute negotiating tactic to pressure the other side into talking about a settlement. This should of been done before mediation, my lawyers walked into the mediation like cowboys, after an hour of not getting anywhere, they were ready to leave. The mediator had to calm them down, they didn't even talk to me about anything.
Mediation is required before trail in this state, I think. So I initially thought that my mediation was on pause, then shortly after they would get in touch with this "higher up" person. I'm confused now as if this counted as an unsuccessful mediation, meaning that the insurance company doesn't have to continue negotiating. If that's the case, send them a demand letter for an amount I won't go lower than (I don't need the limits, but they didn't even discuss this with me), make it clear we won't settle for any lower, and schedule a trail date. Bottom line is they will either eventually pay that amount or they won't. If they are going to draw this out anyways, might as well schedule a trail date. What's bad is I've thought this over, 325k is not that far from 250k, it leaves the insurance company with some money. My lawyers want to take them for everything because their client lied about the accident, but the insurance company has the money, I just don't think that attitude is going to get us anywhere in terms of negotiating and apparently they can't even back it up. I feel like I have no say in this case at all.