Today’s topic is all about the mistakes that can kill you in your bodily injury or motor accident case. I’m going to give some example and show you how these become a mistake, would have resulted in lower settlements.
The first mistake that can kill the value of your case is to believe what the adjuster tells you, specifically if the adjuster tells you the case is worth a certain amount, to believe him. The adjuster’s duty is to his insured. Oftentimes you’re claiming someone else who caused your accident. The insurance company’s insured is that person and that is not you. The adjuster or insurance company’s duty is to that client, to act in good faith and protect that client if they can settle the case for that client without incurring the client additional exposure. Do not listen to what the insurance adjuster tells you about the value of your case. They’re often wrong.
Mistakes on a motor accident case
If you’re making a claim against your own insurance company, such as Motorist Insurance, keep in mind that, although they must act in good faith to you, their employee, the adjuster, is looking out for what’s best for his company, as well. You should not listen to what the insurance adjuster tells you your case is worth is. For example a motorcycle, a motorcycle rider was riding straight, a truck made a left-hand turn in front of him, they collided. The motorcyclist had a tibial plateau fracture and had a rod inserted right to the top of the lower knee. He ended up having surgery, thus include his finger. But the bottom line is the insurance adjuster initially said he had reserved the case at $100,000. Meaning he felt the case was worth, essentially, no more than $100,000. But had my client, the motorcyclist, had listened to the insurance adjuster and believed that his case was worth $100,000, he would’ve settled for that amount and not the $445,000 that mostly settled for. If you make a low settlement demand that would kill your case. In the example, the attorney just gave the case settled for $445,000. The opening demand was one million dollars, which happened to be the insurance policy limits of the careless driver. However, let’s say you only demanded $400,000. That would’ve set the cap on the amount that the insurance company was gonna pay you and likely, they try to pay you less than your settlement demand, in most cases. So the same is true if you would’ve demanded 300,000. You would have set the cap at 300,000. They would likely have paid you less than that. So the fact that you made a high demand gave the attorney a room to negotiate the case down and can ultimately be settled for $445,000. So do not make too low of demand nor too high.
Mistakes on a bodily injury case
Imagine a gentleman who is shopping at a supermarket, walked, turned to a corner, and he claimed that he slipped on a substance and he fell. Then the accident was caught on camera immediately about his fall. Then he claimed that the fall aggravated or worsened his Achilles tendon tear, preexisting tear that he had. The Achilles tendon in the back of the lower leg. It’s a tendon that runs down, essentially, from the back of your knee to your ankle. Essentially, the supermarket third-party adjuster who handled the claim said, “we deny liability, we did nothing wrong”. Now, if he would’ve made the mistake of just saying whoa, the supermarket’s probably right. Maybe they did do nothing wrong. He would’ve missed out on the ultimate $300,000 settlement that can ultimately be achieved for him. So the mistake is just agreeing that the supermarket or wherever you’re injured or whichever insurance company you’re dealing with, the mistake is just assuming that they are correct if they deny liability. They are often wrong.
Mistakes on a liability case
Let imagine a person who visited another country and he rented a car. While he was a pedestrian another car struck him and got fractured his lower leg bone, which is the tibia. He had a rod inserted into the tibia. The other car that hit him was a rental car too, had $100,000 of liability insurance. That insurance company paid him a $100,000 only because he did not look for additional insurance coverage. But, if the client did not look for additional insurance coverage, he could have missed out on another $100,000. The entire case would be settled for $200,000. Before getting money from the employer’s insurance company, he had 100,000 from another insurance company, so he was able to discover another $100,000. That is another mistake for not discovering for extra insurance coverage. But there can be loads of places where that extra insurance coverage may be hiding.
There are more common mistakes in personal injury cases and insurance coverage. If you are looking for more information concerning personal injury, then you might need help from an attorney. You may try your local attorney or from online, but if you are in Tampa, you might need to consider the Tampa personal injury attorney.
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