Repeat a demand for policy limits?

Asked over 1 year ago - San Diego, CA

I'm a plaintiff in a personal injury case. We withdrew prior demand for policy limits and informed defense that projected future medical costs will far exceed policy limits. Current demand is much higher. I am now considering repeating demand for policy limits to open up bad faith claim. How risky is this? What is likelihood that insurance company will not settle for policy limits when they've been informed of projected medical costs?

Additional information

From the responses, looks like I should add: My attorney is great and I absolutely respect his opinion. We're still discussing and he's leaving the decision up to me, so I just wanted to get some other perspectives on the risk factor.

Attorney answers (10)

  1. Steven Mark Sweat

    Contributor Level 19

    10

    Lawyers agree

    Answered . It sound like you have an attorney. If this is the case, you should direct these questions to the lawyer. For more information on this topic, go to my recent blog post about this:
    http://www.victimslawyer.com/is-it-possible-to-...

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Daniel Nelson Deasy

    Contributor Level 20

    11

    Lawyers agree

    Answered . Clearly you have counsel at this point in time. None of us are going to second guess his advice to you on a message board. That said, ask your attorney about seeking a second opinion if that is what you truly want. he or she will appreciate your candor and probably give you some names to consider.

    Best of luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. William Peter Daley

    Contributor Level 17

    8

    Lawyers agree

    Answered . I agree with attorney Cloward. If you've already made a policy limits demand and the time limit for that demand expired, you probably do not need to make the policy limits demand again to Potentially have the option of pursuing a bad faith claim against the carrier. As others have suggested, these are really questions you should be discussing with your current attorney.

    http://lawofficeofwilliamdaley.com/san-diego-pe...

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  4. Benjamin P. Cloward

    Contributor Level 10

    9

    Lawyers agree

    Answered . I agree with the previous posters. However, you may not have to "re-demand" the policy to "open up" the policy limits.

    An insurance company has an ongoing duty to settle your claim against its insured and needs to try to settle the case with or without a demand.

    I would check with your attorney but depending on your specific facts, it could be risky to re-demand the case. As you seem to understand, the risk is that they accept your demand.

    Good luck with your case.

  5. Jason Todd Studinski

    Contributor Level 20

    8

    Lawyers agree

    Answered . I gather from the way you have stated your question that you have a lawyer. If so, consult with him/her about the issues you have raised here. If not, retain counsel. You are dealing with some issues that are very fact specific and the solutions, depend, in part on your jurisdiction. Consult with local counsel.

  6. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . Set up a meeting with your attorney to go over the issues.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . IF POLICY LIMITS WAS NOT ACCEPTED. FILE THE CASE AND LITIGATE IT AND GET A JUDGMENT IN EXCESS OF THE POLICY. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Sean P. Wickens

    Pro

    Contributor Level 11

    5

    Lawyers agree

    1

    Answered . At this point it seems like there's nothing to lose from renewing demand for policy limits. However, looks like you'll be filing suit.

  9. Marc Lazarus

    Contributor Level 14

    3

    Lawyers agree

    Answered . You should have a bad faith attorney review the actual file before you decide whether or not the policy is already open or not. It is impossible to guess based on the limited information you have posted in your message. Also, if you have an attorney, then discuss this with him/her. If you do not have an attorney, then you should hire one at this juncture.

    Marc Lazarus
    www.russellandlazarus.com

  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your lawyer should probably file it.

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