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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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:
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.
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.
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.
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.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
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.
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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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.
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