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I got a auto accident and i have something to ask you guys.

Tacoma, WA |

hi i got a auto accident on march 2012
I had pre existing injury my back so I'm still getting my medication oxycodone 10mg in every month.
i m still seeing my doctor even my case is closed and my attorney told me she just sent demand(request money) to insurance company in last week so I need to wait 30-45 days then insurance company will respond to us some numbers so that we can settle this case.
Here is question..
1. when i ask my attorney how much we demanded( request money) she said "Infinity"
What is infinity mean?
She told me she will demand policy limits from other driver& mine before we closes this case and now she said she demanded infinity. Is infinity and policy limits are same? but i dont get that infinity mean.
2.can you really demand to insurance company "infinity"?

Attorney Answers 7

Posted

If your pre-existing condition was not giving you any problems prior to the collision, and it was the impact and injuries that caused it flare up, in Washington you can still recover for the totality of your condition. If the condition was not dormant and but for the collision, you may have had years, if ever, before that condition made itself known.

Now generally insurance companies and attorneys look at the jury verdicts to get some idea of the range for the value of a case. I doubt that your attorney asked for infinity because insurance companies deal with concrete numbers. Your attorney does need to start high and it could be she does not want you to have unrealistic expectations. It sounds like you were seriously injured and hopefully there will be sufficient insurance to cover a adequate settlement. Remember that in Washington the minimum policy is $25,000 so policy limits can mean anything from that amount upwards.

I hope you recover sufficiently so that you can get off oxycodone. Have a frank discussion with your attorney about what would be a realistic range for your case to settle for.

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2 comments

Asker

Posted

thank you.

Crystal Grace Rutherford

Crystal Grace Rutherford

Posted

Just talk to your lawyer and tell her you want to be realistic about the range your case could settle for. Tell her you trust her to negociate on your behalf. You also should ask about who needs to get paid out of any settlement and could she negociate reductions in those as well. Also since you are still in treatment will there be any restrictions on continuing care. Usually there is not unless it is a workman's comp claim.

Posted

Demanding "infinity" probably isn't the best game plan.

Making a demand for the at-fault driver's policy limits has special significance under Washington law. If the insurer for the at-fault driver refuses to pay policy limits it is responsible for the full amount of any judgment obtained even if more than the limits purchased by the at-fault driver.

The theory behind the rule is that by refusing to pay policy limits the insurer is putting its own financial interests ahead of its insured.

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Asker

Posted

thank you.. so you are saying demanding "infinity" isnt good ? and can you really demand infinity to insurance company..? thank you

Michael David Myers

Michael David Myers

Posted

Theoretically. But it would hurt your case. Absent exceptional circumstances you should demand the at-fault driver's limits.

Asker

Posted

hm.. thats what my attorney told me very first.. she said she will get limits from at - fault drivers limits then she will get limits from mine too.. but when i talked with her today.. she said she demanded infinity.. so i thought meaning of between infinity and policy limits are same... isnt that same? kinda? thank you

Posted

Lawyers ask for the moon, and if they only get the stars, they are doing ok.

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Asker

Posted

But do you think other attorneys do demanding "infinity" to insurance company? Instant of asking amounts? For examp, e like this ? $50,000 , $100,000 $200,000

Asker

Posted

*Instant of asking infinity*

Posted

I am sure that your attorney was just using a figure of speech and that she really didn't use that word with the insurance company. I would not get too hung up about that, although you could request that she explains it to you so that you can understand what she meant. As she also advised you, she was requesting the policy limits. This should give her the necessary flexibility to settle the claim in the event that your injuries are not worth the policy limits available to compensate you fairly.

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Posted

Since you are always represented by an attorney in this case, I'd urge you to contact your attorney and ask her those questions.

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Posted

Infinity can mean so many things and likely a figure of speech. Your lawyer is likely asking for the policy limits. This is a standard request in personal-injury law and often good starting position attorneys. It doesn't mean that the case will settle there, but certainly keep in contact with your lawyer ask him/her these questions.

This response does not create an attorney-client relationship. It is intended as general advice in a public forum. For legal advice on your specific case you should contact a lawyer to discuss your specific case.

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Posted

I would imagine she is speaking of the policy limit, both for your insurance company and the at-fault party's insurance company. Communication is important in an attorney/client relationship, I encourage you to call for clarification since the statement obviously did not sit well with you.

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