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Motorcycle accident, and not insurance company refusing to make offer

Fort Wayne, IN |

i was on my motorcycle and had a woman run a stop sign and hit me. She told the police it was her fault. I was taken by ambulance to the hospital where i had a broken clavicle, along with some road rash. I had surgery the following week to repair my clavicle and they ended up putting in a plate with screws. Now the insurance company isnt making any offers and my lawyer said he is going to file a lawsuit. What should i expect now? Why isnt the insurance company making any kind of offer? I lost my job, and all of my medical bills have been paid by medicaid. My arm isnt the same and i am still going through physical therapy even though this accident happened 6 months ago.

Attorney Answers 6

  1. From the facts you describe, you have excellent facts favoring your liability and damages claim. It is hard to speculate why the opposing insurance company hasn't made an offer. Sometimes an insurance company will be reluctant to pay a significant settlement amount without having completed some discovery, including the deposition of plaintiff. Despite your description, there may be some loose ends that need to be clarified with discovery. The fact that you are being forced to file suit shouldn't discourage you. Things may turn out okay after you file the sut and engage in some discovery. Since you have an attorney, you need to discuss your case with him or her.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

  2. Insurance companies are part of the financial services sector which means their primary purpose is to achieve a profit. This is why they delay, deny and defend against claims. You've done the right thing by retaining an experienced attorney.

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    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  3. As the other answers said, there could be many reasons why the insurance company isn't making an offer at this point. The facts you describe would say you have a good liability and damages case. However, the objective of the insurance company is the pay as little as possible on your claim and you are best served by having an experienced personal injury attorney on your side.

    Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax

  4. No one is ever allowed to needlessly endanger the public. THe liability facts in your case are excellent. When the lawsuit is filed, your attorney can depose the other driver and discuss with her why it was that she ran the stop sign. Surely she knows that all drivers must stop when presented with a stop sign in order to prevent harm to others. I'm certain that she knows that all drivers must proceed from the stop sign only when it is safe to do so. So what was distracting her from the most important rules of the road that are in place to protect all of us? Ask you attorney if subpoenaing her cell phone and data records is possible (it is in Texas where I practice). Her insurance carrier may be arrogantly delaying compensation in your case because A) they are trained to do this, B) they think that a jury will be biased against a MC rider, C) they have a larger than normal liability policy and don't know yet if your damages are high enough to tap their limits, or D) All of the above. A lawsuit may be just what you need so that your jury can insure that the very important rules discussed above are followed in your community and that people who violate those rules are held accountable to the people they injure.

  5. It's hard to know why the insurance company isn't making an offer, but your attorney is doing the right thing. Good Luck

  6. If you've been involved in a car accident, you'll need to open a dialogue with the other party's insurer. When the other party is at fault, however, the insurance company may be reluctant to respond to your inquiries or claims. You may need to take legal action in order to get the at-fault party's insurer's attention. Insurers are subject to laws regarding claim settlement and thus typically respond to reminders of their duty.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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