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Personal Injury claim, no question of liability, insurer using delay tactics, I will be homeless

Santa Clarita, CA |

Driver wrong side of lane
Hit my cart head on
Broke wrist bones
Driver admitted everything to sheriff
Documented in report
No question of liability

Haven't worked since
I'm a programmer
Treatment ongoing
Obtained green card just prior to accident so no medical cover
Due to start a job with benefits following week. (Claiming lost opportunity)

Savings gone
Can't pay rent where I live
I realize standard procedure, wait until treatment's finished , but I instructed my lawyer to negotiate a settlement offer
Insurance company uncooperative.

I'll be homeless and angry at the insurer, their commercials state "don't hesitate to make things right", couldn't be farther from the truth in my case.

Any emergency action I can take to force them to settle, or pay an interim amount ?

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Attorney answers 7

Posted

If you broke your wrist bones your attorney should probably demand policy limits at this point. Maybe he has another strategy in mind, but this is what we would have done. Moreover, he can ask the insurer what their policy limits are in order to get the case moving. I would request a meeting with him to see how you can move the case forward.

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

Thanks Michael, he has been asking / demanding policy limits since May without success. I understand the insurer is bound by the insured's decision, and that if they have not consulted her then the insurer can be in trouble. I checked the insurer's policy limits and they range from $15,000 to $250,000. I think he'll have to file a lawsuit.

Posted

Let your attorney handle the claim - that is why you retained the attorney. It is not unusal for insurance carrier to stall, stall, stall,etc etc etc

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Have you attorney push the insurance company.

Posted

The insurance carrier's approach is standard operating procedure for them. The more you want to settle, the longer they take. The insurance company does not normally pay on an interim basis as the leverage for settlement is diminished. You should let your attorney do his/her job and I realize that is going to take a lot of patience. Your only other choice and I do not think it is a good one is to find another attorney. Sorry you were hurt. Best of luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

Thanks Albert, I realize they don't usually just cut a check but their lack of cooperation is scandalous. I would hope if this goes to trial a jury would not be impressed that their actions resulted in me being made homeless, and if I were a juror I would recommend considerably more damages for this atrocious behaviour.

Albert Lee Crosner

Albert Lee Crosner

Posted

Attorney Shemtoub recommended that you should meet with your attorney (in person) and ask him to accelerate this case on your behalf.

Posted

Your situation is though. But as the other attorneys said, negotiating a settlement takes time. You should have a heart to heart with your attorney about your personal situation and see that your attorney can do for you. Good luck.

This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.

Posted

Based on a comment you made to one of the responders, it sounds as if a lawsuit has not yet been commenced. Not having done so, and continuing not to do so, is only benefiting the other driver and its insurer. As is already obvious, letting the claim go this long without putting it into suit has resulted in you willing to take a sum less than the case is worth solely out of desperation. Sit down with your lawyer and discuss the reasons for not commencing a lawsuit. Depending on your State's "bad faith" laws, the carrier could be at fault for not promptly settling the case where liability is clear and the exposure to its insured is for an amount greater than the policy limits. Good luck.

Posted

An aggressive lawyer should be able to expedite your case

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