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Policy limit

Sacramento, CA |

So my attorney's assistant tells me the other insurance company offered me $52k for my case. So after months of asking my attorney to find out the policy limit he goes and hire a "researcher" who claims the other party limit is $50k. First it sounds fishy their offering more than the limit and second I dont understand why my attorney didnt just file suit to get the limit from the horse's mouth rather than an " researcher" that he's going to get him to redo his findings. Btw his reason was because if he filed suit it would of cost us $400 which im like its my money what do you care. please someone give me insight because im starting to feel like im getting screwed and their just trying to get me to settle.

Attorney Answers 4

  1. Best answer

    Sounds like you went to a settlement mill to me. There is no way to get policy limits unless the defendant insured agrees or to file suit. I always request an affidavit from an insurance company before accepting their representation of policy limits.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.

  2. I don't want to speculate about your attorney's reasoning, but I can say that I have never had an insurance company offer more than their policy limits on a case.

    It is true that filing will cost over $400 and it is a common practice to defer those costs. Most clients aren't as ready to have that kind of money spent unless absolutely necessary.

    Good Luck.

    This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.

  3. Have your lawyer send you proof of the policy limit in writing. Remember, you can take this to trial if you were seriously injured.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083.

  4. There may be an excess policy. If your injuries were serious it may be a good idea to file lawsuit.And conduct quick discovery. This way you know the limits And if there is any excess policy covering your accident. But again I don't know your case in detail. Generally carriers do not ogfer above limits.

    Jasmine Gevorkyan

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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