I rearended another driver. I have only the cal. state minimum personal injury policy of $15,000 and $5,000 property damage. The driver initially appeared okay but then someone called an ambulance. My insurance said they were working with the driver and would settle but they were doubting the amount of his claim. They also said the driver was rude . After a couple weeks my insurance said they would offer the policy limits on the personal injury but not on the property damage to the driver. Then they suddenly told me the driver was going to hire an attorney and that the claim would exceed my policy. They also told me driver has an underinsured motorist policy of 20k but his lawyer refuses to negotiate and wants to go to trial. If I lose, do I have a decent bad faith insurance case?
Personal Injury Lawyer
Invest in a consultation with a local lawyer
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Personal Injury Lawyer
No, but your insurance company may still be able to settle it before trial.
You should consult an attorney in your State at once.
You will have to await the outcome. Unless the driver has property damage in of $5,000 or more there is no reason for the carrier to offer that sum in settlement. I would be more concerned about an excess judgment on the personal injury claim.
In reality, the carrier is not going to risk a bad faith claim and will eventually offer the full $20,000 in settlement to buy its peace. So, your hope of having the carrier “on the hook” for the full amount of any excess verdict is illusory.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
They sound like they are selling you a bunch of hooey. No atty wants to force something to trial when the max was offered on a relatively small case...
Car / Auto Accident Lawyer
This is tough lesson to swallow, but you should immediately call your insurance agent and up your limits.
It may cost you more in the front end, but it eliminates you tressing about excess judgments on minor cases like you are now.