In most car accident injury cases, it is not wise to settle your injury claim quickly. However, if you sustain significant injuries such as broken bones, or a head injury, or if you’re paralyzed, or if your loved one died in a car accident and you are pursuing a wrongful death claim on behalf of your deceased loved one, it is highly recommended you send a written demand that the other driver’s insurer pay the insurance policy limits very early on in the case, shortly after the accident.
Why You Should Settle Fast in Certain Cases
If you have significant injuries or a wrongful death claim, it’s crucial to act quickly:
- Significant Injuries: Broken bones, head injuries, paralysis, or any severe trauma.
- Wrongful Death: If a loved one has died due to the accident, you may need to act fast on their behalf.
In such cases, the other driver may have very little insurance. If they have very little insurance and you have sustained significant injuries, and there is at least some liability against the other driver, your claim is likely worth more than the other driver’s insurance policy limits.
Steps to Take
- Send a Written Demand: Send a written demand to the other driver’s insurer to pay the insurance policy limits as soon as possible after the accident under these circumstances.
- Insurance Policy Limits: In cases where the injuries are severe, the other driver’s insurance company should pay out the insurance policy limits to you for your claim.
Important Considerations
- Good Faith Duty: Insurance companies owe you a duty to act in good faith when handling your claim.
- Protecting the Insured: The insurance company also has a duty to protect their insured driver from getting a judgment against them in excess of the policy limits.
- Affidavit: If the other driver’s insurer offers you the policy limits, send them a proposed affidavit for their insured to sign and have notarized, confirming they have no other insurance applicable to the accident that would apply.
Additional Insurance and Assets
- Employer’s Insurance: If the other driver was working and acting within the scope of their employment, their employer’s insurer may be responsible for paying out to you.
- Umbrella Insurance Policy: The other driver may have an umbrella insurance policy that applies to your claim and would kick in to pay you even more money.
- Asset Check: Run an asset check on the other driver to see if they have any significant assets to pursue as well.
Underinsured Motorist Insurance
If you have underinsured motorist insurance coverage on your automobile policy, be sure to follow the proper procedures in order to protect your underinsured motorist claim. In Kentucky, for example, you must follow what is known as the Coots procedure. Many other states have similar procedures that must be followed to protect your underinsured motorist claim.
Less Severe Injuries
If you have suffered just soft tissue, neck, or back pain following an accident, your claim still likely has some value, and I’d still likely recommend you consult with an attorney about your claim. However, in many of those cases, it doesn’t make sense to make a demand offer until you are either done treating or have reached maximum medical improvement, because you won’t know the true value of your case until you are done treating or reach maximum medical improvement. And at the beginning of your case, you haven’t yet had the necessary treatment to show that your case is a policy limits case.
Conclusion
I hope that you have found this video to be helpful. Please subscribe to my YouTube channel to learn more about injury cases and watch more of my videos. Lastly, if you were injured or a loved one is injured in a motor vehicle accident in Kentucky, remember: don’t wait, call Tate.
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