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What are the chances that after deposition insurance company will withdraw or reduce their offer in car accident personal injury

Tacoma, WA |

Car accident personal Injury case in WA state.

Insurance company is offering about 8k and we are accepting it...so now its time for deposition..am slightly worried that after deposition insurance company (no. 1 bad company rated by american association for justicie) will withdraw this 8k offer or reduce it...

In your experience how many have you seen this happen in your career in personal injury cases?

There is a typing mistake...I meant to say we are not accepting 8k

Attorney Answers 11

Posted

Why are you doing a deposition after you have agreed to accept $8,000.00? If you accept, the case should be over.

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Posted

That is impossible to answer without knowing your entire testimony. For example, if you burst out at the deposition "I admit! I was totally at fault!" Then there is a good chance that your recovery will be greatly reduced.

The AAJ is an association of trial lawyers. It's rating is not exactly a good indication of your settlement amount. As long as you have a good lawyer on your side, you should discuss everything with him/her.

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1 comment

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

What does the fact that AAJ is an association largely made up of trial lawyers have to do with the reliability of its ratings of insurance companies? Of course, it's ratings will be a comment on how these companies treat injured plaintiffs. Defense trial lawyers will rate carriers through their own lens; perhaps on their policies surrounding approving billing for motions and their use or non use of billing auditors.

Posted

The value of cases increases or decreases based on the plaintiff's testimony at deposition all of the time. No one can predict for you here how your testimony will affect the value of your case. What is puzzling is that if you are willing to settle for the current offer, why is the deposition proceeding forward at all? If the case is resolved, everyone should save the time and expense of the deposition. If you have an attorney, you need to discuss this with him/her.

Good luck.

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Posted

Duplicate post. If you are not represented by an attorney you may say or do something that will hurt your claim. Make sure you have one.

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Posted

Yes, but not too often. Your attorney should go over with you on what to expect at the deposition.

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

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Posted

You should not be submitting yourself to a deposition after you have settled your claim. Depositions are an opportunity for an insurance company to put a face with the records they have extensively reviewed already. You can most certainly hurt your case (i.e. reduce your case's value) by performing poorly at a deposition. You should always have counsel present and you should be prepped by your counsel prior to being deposed. All of this is stated with the caveat that you really should not be going to a deposition if you have accepted an offer of settlement.

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Posted

More facts are needed to properly evaluate. Contact a local personal injury lawyer to get maximum compensation.

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Posted

More information is needed to fully answer this question. However, I'm also confused as to why you even posed the question. If you have rejected the offer because it was too low and the parties are engaging in discovery depositions, than it would seem the only way you would change your position is if new facts that are harmful to your case arise or if the insurance company increases the value of their offer.

If they make a new offer that is lower, it will most likely be the result of new facts which they think help their position. You should either consult with your current lawyer or hire one that you trust.

Good luck!

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Posted

The additional information indicates you are not accepting the offer, so now we understand why you are proceeding with your deposition. If you properly prepare for your deposition it should help your case. Your attorney knows the facts of your case that will determine the value for settlement.

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Posted

If the insurance company is offering you $8,000 and you accepted it then all you need do is sign a release for the $8,000 and mail it to the ins co and the case is settled.

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Posted

This is a tough question to answer without more information. A lot of it would depend on the facts and the kind of information the insurance company/defense attorney was able to illicit in the deposition. I'm assuming that if you are at the stage of depositions you are currently represented by an attorney, and I would urge you to discuss this issue with him or her as soon as possible.

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