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.
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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.
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.
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.
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.
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