QUESTION

Should I settle my personal injury?

Asked on Apr 25th, 2011 on Personal Injury - Florida
More details to this question:
I assumed my insurance company denied the alleged victim the 25,000 dollars; so I just got a letter in the mail from the victim attorney saying that I will be sued for the amount and much more if I don't agree to the settlement within the insurance budget within 30 days of receiving the letter. What can be done?
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10 ANSWERS

Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Generally, I would recommend speaking with your insuranace company to determine how much money was asked for and how much money they offered. I would also ask to speak with the attorney that they are going to hire to represent you in the case. You may contact our office at (614) 515-5098 to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment.
Answered on Nov 06th, 2012 at 11:21 AM

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Personal Injury including Litigation Attorney serving Wilmington, DE at Ramunno & Ramunno, P.A.
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You should discuss with your insurance company and the lawyer hired to represent you. You may also want to discuss with another lawyer not hired by your insurance company. maybe your insurance will agree to hold you harmless for any amount above your coverage.
Answered on Apr 27th, 2011 at 1:07 PM

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Theodore W. Robinson
Why not settle the case under the terms of the policy? If the alleged victim was injured, then why not settle the matter? If you really want to make things difficult, they can also return the favor and make things hard for you too, by entering a Judgment against you for any deficiency once the insurance company pays whatever they owe under the policy. I suggest if you are still unsure, you speak with an attorney and see how much it could cost you if you don't go along with the deal they've apparently already struck. Good luck.
Answered on Apr 27th, 2011 at 11:25 AM

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Wrongful Death Attorney serving Salem, OR at Swanson Lathen Prestwich, PC
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This is a process. You should contact your insurance company and find out where it is in that process.
Answered on Apr 27th, 2011 at 7:18 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You insurance company makes the decision as to whether they settle the suit. However, they have a duty to make good faith attempts to settle the claim within the policy limits. If the victim's attorney writes a letter offering to settle within the policy limits and the insurer unreasonably refuses to settle, then the insurer can be liable for the entire amount if the victim ultimately obtains a judgment greater than the insurance limits (in this case, I assume it is 25K). The r4eason the victim's attorney wrote this letter both to encourage the insurer to go ahead and settle for the policy limits, but also to set them up to pay the entire judgment if a jury awards a higher amount. If you believe the damages might exceed 25K, it would be in your interest to ask the insurer to settle. If you do not know, you could hire your own independent attorney to advise you.
Answered on Apr 27th, 2011 at 7:18 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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The plaintiff refuses to accept the policy limits. The case will be tried. Your carrier will defend you. If it is a big case you need to hire your own attorney to defend you for any amount beyond your coverage. Get lawyers advice. Don't handle this yourself or even try to do so.
Answered on Apr 27th, 2011 at 7:18 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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In general, if you have a policy limit of $25,000, that is the most the carrier will pay out in damages to the victim. If the victim sues you, your insurance company is obligated to defend you. They will hire a lawyer to defend you and you do not have to pay them. If they can settle the case under the policy limit of $25,000, they generally do not need your consent to do that. Under certain circumstances, if it goes to trial and the victim wins more than the policy limit, you would ordinarily be responsible for the excess over $25,000, however, if the carrier had the opportunity to settle for the policy limit of $25,000 or for less and did not do it, the carrier may be responsible for the excess amount. If it ever gets to that point you definitely need to seek legal counsel because it is highly unlikely that the insurance company would pay the excess voluntarily. At this point, I strongly recommend you get in touch with the insurance company and get to the adjuster handling your claim. Ask him or her what all of your options are and clearly convey to them that you expect your insurance company to do what is best to protect you 100%. I suggest you confirm what ever you discuss in an email back to the adjuster so there is a record of what transpired.
Answered on Apr 27th, 2011 at 6:33 AM

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If you have insurance, the insurance company has the right to decide whether to settle. You have a duty to cooperate with your insurance company, so give them the letter and also tell them in writing that you would like them to settle the case within policy limits. Ask them for written assurance that any judgment against you for over the limits of the policy will be paid by the insurance company.
Answered on Apr 26th, 2011 at 11:39 AM

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You need to hire a personal injury attorney to protect your rights. Do not sign anything without having an attorney review the letter for validity first. We do practice personal injury law at this office and would be glad to sit and speak with you about your case.
Answered on Apr 26th, 2011 at 9:43 AM

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Workers Compensation Attorney serving West Palm Beach, FL
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I would need to know a lot more details. I would recommend calling a personal injury attorney and speaking to your insurance agent.
Answered on Apr 26th, 2011 at 9:42 AM

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