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  1. #1
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    Default Person Making Bodily Injury Claim

    DBM -- Resolved

  2. #2
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    Default Re: Person Making Bodily Injury Claim

    [QUOTE=Marie Anne;1130899]I was in a fender bender, driving my sister's car. I rear-ended a person (A) in traffic on Christmas Eve. At the time of the accident, A said A was not hurt. The ticket reflects that.

    QUOTE]

    Doesn't matter. Soft tissue back injuries (whiplash) often manifest themselves days after the impact.

    Quote Quoting Marie Anne
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    After my sister's insurance paid for her repairs, a PIP lawyer sent a letter requesting limits on sister's insurance policy for bodily injury ($10,000.) Then they spoke to me and asked if I had other insurance, I told them I did ($10,000 bodily).
    That's the once and last time you EVER talk to that lawyer. Refer any future contacts to the insurance company liability claim reps and don't discuss anything about the accident except with your and your sister's claim reps.

    Quote Quoting Marie Anne
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    The 2nd company received a letter stating A claims her injuries will exceed both policies and for me to certify if I had any excess liability insurance (NO). I need to return this under penalty of perjury.
    No, you don't. Turn it over to your and your sister's claim reps and await instructions.

    Quote Quoting Marie Anne
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    I was warned I would be served.
    A scare tactic. You probably won't be. The accident is too recent. Ambulance chasing lawyers don't want to sue. They want quick paydays and are likely to settle within policy limits.

    Quote Quoting Marie Anne
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    I really feel this may be a case exaggerating injuries
    You're right but it doesn't matter. Any time you cause an accident you give the other person a lottery win and your insurance pays "go-away" money.

    Quote Quoting Marie Anne
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    I was warned I would be served. I really feel this may be a case exaggerating injuries b/c my zip code has one of the fraud rates in the nation. A is an insurance agent and unlike other accidents, both companies are taking her side of things. I can't get anyone to see my situation.
    You don't have one, unfortunately. You rear ended another vehicle. You're at fault. Nothing will change that. Your and your sister's insurance will pay what it takes to get a release from the injured person and that will be that, other than the inevitable surcharge for the at-fault accident.

    Quote Quoting Marie Anne
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    A is essentially threatening to destroy my life - find out how insurance A can get and then go after my sister and me personally.

    What should I do?
    Relax, take a breath, chill. It's unlikely that anybody is going after you and your sister personally and nobody is going to destroy your life. Let the insurance companies do what you pay them to do.

  3. #3
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting adjusterjack
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    Ambulance chasing lawyers don't want to sue. They want quick paydays and are likely to settle within policy limits.
    That depends on the lawyer. A lot of personal injury lawyers love to sue and go to trial. The personal injury lawyers of my firm fall in that category. Some (which often seem to include those that advertise very extensively on TV, radio, billboards and bus ads) run more of a volume practice and rarely, if ever, take cases to trial. But for all trial lawyers (civil and criminal) settlement of cases is a common part of practice. That's because for many cases the parties are able to reach agreement on most of the matters in the case and what differences they do have they prefer to settle out rather than take the risk of what a jury might do.

    And even if the lawyer never really plans to go to trial, serving the complaint is very common to pressure the defendant (and the insurance company) into getting serious about the settlement negotiations and to prevent a statute of limitations problem.

    And while we're at characterizing professions, insurance companies and their adjusters will typically do everything they can to (1) low ball settlement offers even when liability is clear and (2) delay paying out for as long as they possibly can. Insurance companies do not see themselves as in the business of paying out claims. They see it as being in the business of collecting premiums and paying out as little as possible in claims.

  4. #4
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting Taxing Matters
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    And while we're at characterizing professions, insurance companies and their adjusters will typically do everything they can to (1) low ball settlement offers even when liability is clear and (2) delay paying out for as long as they possibly can. Insurance companies do not see themselves as in the business of paying out claims. They see it as being in the business of collecting premiums and paying out as little as possible in claims.
    You're right about that. It's the way insurance companies defend against outrageous claims.

  5. #5
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting adjusterjack
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    Any time you cause an accident you give the other person a lottery win and your insurance pays "go-away" money.
    Not "any time." Being hit by a 4,000lb vehicle can cause real injuries that the victim deserves to be compensated for. In those cases it is neither a "lottery win" or "go away money."

    Also, "go away money" is what is offered to a person who is faking an injury and "go away money" is also offered to a person who is hurt badly and the insurance co is trying to appease them with a much lower than owed settlement amount.

  6. #6
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting adjusterjack
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    You're right about that. It's the way insurance companies defend against outrageous claims.
    And how they try to avoid paying out what a truly injured person really incurred in damages, too. I long ago learned that any notion that an adjuster tries to do a truly accurate computation of a personal injury claim is mere wishful thinking. I have yet to ever see an adjuster come back with anything remotely close to the true value of a personal injury claim. Adjusters hit the mark better with pure property damage claims, but even then tend to come in low when the damage is done to property of persons other than their own insureds.

  7. #7
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting Taxing Matters
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    And how they try to avoid paying out what a truly injured person really incurred in damages, too. I long ago learned that any notion that an adjuster tries to do a truly accurate computation of a personal injury claim is mere wishful thinking. I have yet to ever see an adjuster come back with anything remotely close to the true value of a personal injury claim. Adjusters hit the mark better with pure property damage claims, but even then tend to come in low when the damage is done to property of persons other than their own insureds.
    Don't kid yourself. They will screw their own insured as quickly as they will screw the other guy.

    I was just told that insurance companies are so cash heavy that they loan it to banks.

  8. #8
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting CONNOR99
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    Don't kid yourself. They will screw their own insured as quickly as they will screw the other guy.
    Not in my experience, since they need to bring in customers and having a reputation of shorting their own insureds will send customers to other insurers who do better.

  9. #9
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    Default Re: Person Making Bodily Injury Claim

    Quote Quoting Taxing Matters
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    Not in my experience, since they need to bring in customers and having a reputation of shorting their own insureds will send customers to other insurers who do better.
    You have has seen them make accurate bodily injury offers with uninsured and underinsured policy claims? How about bodily injury claims with HO policy claims?

  10. #10
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    Default Re: Person Making Bodily Injury Claim

    He can If he or she have the policy to achieve the same & the big part is that we can assist you too.

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