We are trying to get policy limit from auto accident insurance company.

Asked 8 months ago - Tacoma, WA

i have pre exiting back injury
because of the accident(rear-ended) my injury got aggravated.
my attorney offered policy limited.
my neurologist singed i can't work any of my previous job( cashier job)
my dr. also signed i got permanent back injury again
I'm taking oxycodone 10mgl again it has been 19 months now ( accident on may 2012)
we got our first offered from fault insurance. they offered us 30k. but my medical bill is 45k now.
and my bill is keep going up because i have to see my dr. once for every month to see my body codition and get my pills

here is my question.

1 we offered policy limit but they offered 30k even my bill is 45k. is that ok for first offer?
2 the fault insurance company is hard ford. is that good company for negotiation?
3 do you think i can get policy limit?

Attorney answers (14)

  1. Steven L Shaw

    Contributor Level 13

    22

    Lawyers agree

    Answered . While we all might have an opinion regarding the value of your claim, this is a question you must ask your attorney. It is the most important reason you hired your attorney. If you question your attorney's judgment, you need to discuss that with your attorney. If, after speaking to your attorney you disagree, you can seek a second opinion, but I suggest meeting with another lawyer, so that many more questions can be answered about what has happened to you. This forum is just not conducive to that kind of discussion.

    Good luck.

    This response does not constitute representation or the formation of the attorney/client relationship.
  2. Carrie D. Umland

    Contributor Level 6

    22

    Lawyers agree

    Answered . The value of your claim and the ability to obtain the policy limits are two different things. The value of your claim depends of the extent of the aggravation of your pre-existing injury, any new injury the cost of the past treatment and future treatment that is directly related to the aggravation of the pre-existing injury and new injury, if any, and the effects they have had on your life. Hartford may or may not have limits sufficient to compensate you.

  3. Debra J Toews

    Pro

    Contributor Level 7

    19

    Lawyers agree

    Answered . It sounds like you have an attorney already. These are all good questions for you to ask your attorney.

    Without knowing your medical history and reviewing your whole file, it is not possible to know the value of your claim.

    This answer is for general purposes only and does not establish any attorney-client relationship, not does it... more
  4. Jason Henry Schauer

    Contributor Level 11

    17

    Lawyers agree

    Answered . You need to listen to and trust your lawyer. He or she has your interests in mind. And they take more in fee the more they can get you. And without knowing every detail of the facts involved in your case, its unlikely any of us can second guess your lawyer.

  5. Gabriel Dante Mazzitelli

    Contributor Level 13

    18

    Lawyers agree

    Answered . Its impossible to determine what a good settlement value is without reviewing your medical records, knowing what happened in the accident, future medical expenses, lost wages, the policy limits, and many other factors.

    Remember that insurance companies dont offer the max amount first time. They try to settle the case as low as possible. If there is liability the insurance company will negotiate. You hired your attorney for a reason. Ask them these questions. Best of luck.

    The information provided is for general informational purposes only and is not intended to be legal advice. No... more
  6. Jonathan Read Peirce

    Contributor Level 10

    16

    Lawyers agree

    Answered . You should ask your attorney these questions - their answers and advice are some of the reasons you are paying them to represent you. Also, your attorney has all of the relevant information about your case, and we do not. You may want to schedule an in-person meeting to discuss all of these things with your attorney, and find out their recommendations.

    Jonathan Peirce is licensed to practice law in Texas and Washington State. DISCLAIMER: This information is for... more
  7. Jeffrey Mark Adams

    Contributor Level 20

    17

    Lawyers agree

    Answered . Assuming you have qualified counsel, he/she knows how to properly represent you.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Jason Todd Studinski

    Contributor Level 20

    15

    Lawyers agree

    Answered . If you have a lawyer, put these questions to your lawyer. If you don't have one, retain one to assist you. Good luck.

  9. Kevin H. Pate

    Contributor Level 20

    15

    Lawyers agree

    Answered . With respect, as you presently have counsel, all questions regarding your case should be presented by you to your counsel.

  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . We can't undermine your lawyer, so schedule a sit-down with him.

  11. David Ian Schoen

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You can't expect an insurance company to offer the policy limits just because a demand was made for them. If it were that easy, you wouldn't need an attorney in the first place. Unless the value of the case is clearly disproportionally in excess of the policy limits, it is much more likely that the insurance company will play around with trying to see how low a settlement they can get. In that situation, they may not tender the policy until it becomes absolutely clear that you and your attorney are willing to go to trial to get the policy limits. Sometimes this does not occur until you are at the courthouse steps, picked a jury or even while the jury is deliberating. In order to get to that point, however, a lawsuit has to have been commenced.

  12. Robert Daniel Kelly

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Something you should probably discuss with your lawyer is the possibility of offering to exchange a covenant not to execute on a judgment over the policy limits for an assignment of the at-fault party's cause of action against his insurance company for bad faith in the insurance business. If the action for bad faith in the insurance business goes well, it can be worth much more than the policy limits. Attorney's fees may also be recoverable pursuant to OLYMPIC STEAMSHIP v. CENTENNIAL INS., 117 Wn.2d 37, P.2d 673 (1991). See link below.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  13. Christopher Michael Davis

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . You have not stated what the policy limits are so no attorney can answer this question. The best thing to do is ask your attorney to have an in person meeting so you can address all of these concerns with your attorney.

    Hopefully he will be able to give you the answers you are looking for. I am sorry to hear about your accident and I wish you the best recovery.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more
  14. Chong Hae Ye

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with my colleagues, these questions should be directed to your attorney.

    The information on this website is not intended to be legal advice.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,318 answers this week

3,355 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,318 answers this week

3,355 attorneys answering