The Challenge of Insurance Companies
Insurance companies do not make the injury claims process easy on you. I saw this firsthand.
Behind-the-Scenes Insight
You see, I spent years working on behalf of insurance companies defending personal injury claims in court. I got a behind-the-scenes look at how insurance companies defend injury claims.
Stacy’s Story
Let me tell you the story of my past client, Stacy. I was at my home office one day in the fall of 2020 when I got a call from Stacy. I was working remotely, solely from my home office, due to the COVID-19 pandemic. Stacy informed me she was injured in a motor vehicle accident.
The Accident
She was driving straight on a two-lane road when someone pulled out in front of her from a side road, fishtailed, and struck her vehicle, knocking her vehicle off the roadway into a brick sign on the side of the roadway. She was transported by ambulance to the hospital.
Medical Treatment
After being discharged from the hospital and getting subsequent medical treatment, an MRI about a month after her accident revealed that the most significant injury she sustained was a tear of the rotator cuff in her right shoulder. After conservative treatment did not help her pain, she underwent surgery to repair the tear in her right shoulder. This was followed by a couple of months of physical therapy.
Building the Case
After I signed Stacy up as a client, I immediately got to work on her case. My office gathered all her medical records and bills and gathered proof of her lost wages for the time missed from work. We also tracked down surveillance footage that caught the car accident on video. It was clear from watching the video that liability for the accident clearly rested with the other driver.
Adding Value to the Case
To add some value to the case, I also signed up Stacy’s husband as a client for his claim for loss of consortium due to their being deprived of an intimate relationship during this time period, and the husband having to take on all the household chores that Stacy would normally do, like laundry, cleaning, grocery shopping, and cooking.
The Demand Letter
I then sent a demand letter to the other driver’s insurance company, along with all of the evidence we had gathered in support of Stacy’s claim. We demanded the insurance company pay the policy limits. The insurance company delayed providing us with a response to the policy limits demand, so I filed a lawsuit. This got the insurance company’s attention. They agreed to pay out their insured driver’s policy limits of $100,000. But we weren’t done.
Pursuing Underinsured Motorist Insurance
You see, Stacy was driving a vehicle that had underinsured motorist insurance coverage. Underinsured Motorist Insurance, also known as UIM Insurance, is a type of insurance coverage you can get on your car insurance that protects you and anyone in your car.
Negotiations and Litigation
After we settled the claim with the other driver’s insurance, we pursued our claim against the underinsured motorist insurer who we had also sued in the lawsuit I filed. We attempted a couple of rounds of negotiations with the UIM insurer, but we soon realized that the UIM insurer was not willing to make a fair and reasonable offer. So, we continued litigating the case. We answered written discovery questions and requests sent over by the UIM carrier. We also had the UIM carrier answer written discovery questions and requests we sent over to their defense lawyer. The defense attorney for the UIM insurance carrier took Stacy’s deposition. We produced additional evidence we were able to gather throughout the litigation process. I communicated with the UIM defense attorney on several occasions. We finally agreed to mediate the case with the UIM carrier.
Mediation Process
Mediation is a process wherein the parties meet with an agreed-upon impartial and neutral person who assists with settlement negotiations. Mediation was held about 33 months after Stacy’s car accident and almost two years after our lawsuit was filed. By the time of our mediation, we had proven to the UIM insurance company that we weren’t backing down; this case was only going to settle for a fair and reasonable amount.
The Settlement
The mediation took place at the defense attorney’s office. We were given our own room at the mediation. The defense attorney and his representative from the insurance company were in a separate room. I was able to speak with my client, her husband, and the mediator. We discussed all the strengths and weaknesses of the case. The mediator worked both rooms. After hours of mediating the case, we were finally able to come to an agreement. The UIM portion of the case settled for $165,000, bringing the total settlement to Stacy’s to $265,000. Stacy and her husband were happy. While the case took nearly three years to resolve, Stacy was able to get a fair and reasonable settlement. The wait was worth it.
The Importance of Patience
In most cases, it does not make sense to even begin settlement negotiations until you are either done treating or reached maximum medical improvement. In Stacy’s case, we began negotiations after her surgery and physical therapy were completed several months after her accident. We, of course, filed our lawsuit shortly after that and got the policy limits from the other driver’s insurance company. The UIM insurance company made us fight to get a fair and reasonable settlement, though. Insurance companies know that some injury victims are willing to take a lower settlement toward the beginning of their case instead of fighting for a fair and reasonable settlement.
Fighting for Fair Compensation
That’s because some injury victims are impatient. They are happy with a smaller settlement if it means they can just be done with their case. You see, fighting for a fair and reasonable settlement often takes time and patience. You have to show them that you are a fighter. You are someone who will put in the effort to take your case all the way to trial if necessary. Oftentimes, the more patient you are and the further you take your case, the more money you will be compensated. The thing is, being patient to get a bigger settlement in your injury case can get you a big payday.
When to Consider a Quick Settlement
But you shouldn’t be patient in all your injury cases to settle your case. In fact, under certain circumstances, you should consider taking a quick settlement. And in this video about to pop up here, I’ll tell you the only time you should consider accepting a quick settlement in your injury case.
Final Advice
Lastly, if you’ve been injured in a car accident, slow down. If you’ve been injured in a car accident, slow down. If you’ve been injured in a car accident, slow down. If you’ve been injured in a car accident, slow down. If you’ve had a trip-and-fall incident or dog attack incident in Kentucky, remember to don’t wait. Call Tate.
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