Car accident lawsuit against the insurance company

Asked about 2 years ago - Detroit, MI

my pal passed away jan 2012 hit by other driver T-boned by friend. other driver fault crossing red light. suspect policy has 500K. does their insurance pay the whole amount they try to pay 20 percent. because they offered friend family to settle 100K. Can my friend family file lawsuit and get more than 100K.
friends age 25
average salary per year 30K
no spouse or children.
estate owner filed by his mom.

Attorney answers (8)

  1. Lisa Michelle Esser

    Contributor Level 9


    Lawyers agree

    Answered . Simple answer is "yes" they likely can collect more. Of course the insurance company is going to try and get your friends family to take less. They should consult an experienced third party auto attorney who likely will be able to obtain much more for them and will be able to protect all their interests and rights. They should not be dealing with the insurance company on their own.

  2. Timothy J. Klisz


    Contributor Level 18


    Lawyers agree

    Answered . Insurers are inherently unfair and will never deal fairly with unrepresented people. If they offered policy limits (assuming one trusts them to disclose policy limits) that would be different. The insurers job is to pay out as little as possible.
    Litigation with an experienced attorney is the only way to even the playing field. If your friends family has been offered $100k, then a hired attorney could adjust his or her fee based on the money already offered without counsel and the attorney could collect a fee based on the contested portion.
    Avvo is a wonderful site to find an experienced 10.0 rated Michigan auto attorney and your friends should act quickly before they sign the case away to the insurer.

  3. Scott Robert Reizen

    Contributor Level 11


    Lawyers agree

    Answered . Sorry to hear about your friend.
    If the other driver was determined to be at fault, your friend died and the insurance company is only offering $100,000 they are trying to "screw" your friend's family.
    Have your friend's mother call my office at 248-554-3440 or e-mail me at and I can help them go after the insurance company. I may be able to get them to settle for significantly more without the necessity of filing a lawsuit. And if not, a lawsuit should be filed immediately.
    Whatever she does make sure she does not take the first offer by the insurance company.

    Best of luck.

    And I would be more than happy to help.


    Scott Reizen

  4. James Lawrence Magazine

    Contributor Level 16


    Lawyers agree

    Answered . I agree with attorney Klisz.

  5. Emery Brett Ledger


    Contributor Level 12


    Lawyers agree

    Answered . Horrible loss. They are under-valuing your friends life & his families' loss. Call a local attorney & seek a Free Case Evaluation as soon as possible.

  6. Bret A. Schnitzer

    Contributor Level 16


    Lawyers agree

    Answered . You need an experienced auto accident attorney in your corner. First a personal Representative needs to be appointed to file suit. We can help.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the... more
  7. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Yes. The secret to any wrongful death case is getting a top attorney with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755
  8. Daniel J. Melican

    Contributor Level 14


    Lawyers agree

    Answered . You can sue and potentially obtain a judgment in excess of policy limits.

    Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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