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 Posted: Tue Sep 23, 2008 10:39 am Post subject: |
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| Quote: | | Sorry, could you please explain this part again, I don't quite understand? How does the court decide how much you have to pay for excess judgments? |
''IF'' you would go to court and there were a trial then yes, the judge or jury would decide the value of tohe injury could be less than the limits..could be a dollar...could be a million.. | Quote: | | Lori mentioned that Nine months isn't long at all, but tcope also mentioned that attorneys are in this for the quick buck and get fast money, isn't nine months too long for an attorney to get their quick buck? I am worried if the other party and their attorney are planning on something bad against me that is why it is taking so long??? |
nine months isn't long...could be the attorney just got this...do we know when the attorney got his/her rep. contract signed? | Quote: | | No one was hurt from what I have seen, my car only skidded and bumped the rear bumper of the other car. I took photo of my car and the other car at the accident scene. |
This is more than likely a little soft tissue claim..did your adjuster take photos of your vehicle as well? if not call her and tell her you have them...this isn't going to be a limits claim from what you've said...when was the last time you talked to your adjuster? call her see if only is injure dor all...and how the negotiations are coming along.. | Quote: | | Sorry, could you please explain this part again, I don't quite understand? How does the court decide how much you have to pay for excess judgments? |
They don't decide 'excess'' judgements they make judgements period..if it went to court the judge or jury (whichever) would decide the value and how much you owe the other party... | Quote: | | Does this mean that the “court” will know and have different information then the jury? And the “court” will not let the jury know that the “court” knows that my policy limits are the maximum my insurance carrier will pay? |
Kind of, a judge will have an idea insurance is involved...doubt he will know the limits either...if it's a jury trial he might know all the facts...of course he/she wouldn't tell the jury.
| Quote: | | Does this mean that suits happen before a release is signed because the other party and their attorney are not willing to settle the claim, thus will not sign the release, thus a suit is then filed? |
"IF" if the other party will not settle prior to a trial...yes...but that honey ain't very likely...  it means your carrier cannot hand over your policy limits without getting a release... | Quote: | | Sorry, it was my agent |
Just as I thought..your agent needs to be slapped upside the head...   that kind of stuff realllllllllllly ticks me off... | Quote: | | Do you know why my case is not closed yet but my premium has already gone up? I thought your premium goes up after your case is closed? After the BI settlement and my case finally get to close, will my premium get raised again? How long will my premium get raised |
your premium may have went up due to an across the board company wide increase, or for the property damage payment that has already been paid...no in most company's it shouldn't go up again....most carriers have a number say 500 if that is paid or more the premium goes up...THIS is a question for your agent... one hopefully he/she is equiped to answer correctly.
Call your adjuster honey and check on how your claim is progressing.
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Lori
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| Posted: Fri Sep 26, 2008 12:50 am Post subject: |
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| Quote: | | This is more than likely a little soft tissue claim..did your adjuster take photos of your vehicle as well? if not call her and tell her you have them... |
Since the accident, my insurance company has changed 3 different adjusters for my case? I send the photos that I took at the accident scene to the second adjuster and the 2nd adjuster send me to an appraiser to estimate my car damage, the appraiser took several photos of my car, and will these be enough evidence that the accident was indeed a minor one?
Tried calling my adjuster again last week, but was out of office, tried again this week, was told by another lady who picked up the phone and said that my adjuster is on sick leave, not sure if will be back this week or next week, may I ask the lady who picked up my phone to help me with my questions regarding my case or is it better to wait and talk to my adjuster only? If so, I will have to wait.
Lori mentioned before if a suit is filed against me, once I receive the suit papers, I should get the papers to my adjuster as soon as possible, but what happens if a suit is filed against me, but I did not receive the suit papers, i.e. lost in the mail, wrong address, etc. If I fail to receive the suit papers and fail to respond to the court in the time specified, I will be in big trouble, right?
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Niki
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| Posted: Fri Sep 26, 2008 1:35 am Post subject: |
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Not sure about where you are but as far as I know, in order for you to be sued, you must be SERVED papers. You know those scenes on TV where someone hands something to someone else and says, "You've been served?"
They aren't going to be dropped on your doorstep or mailed.
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LifeIsGood
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| Posted: Fri Sep 26, 2008 9:20 am Post subject: |
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| Quote: | | will these be enough evidence that the accident was indeed a minor one? |
yes, should be.. | Quote: | | may I ask the lady who picked up my phone to help me with my questions regarding my case or is it better to wait and talk to my adjuster only? If so, I will have to wait. |
yes, or ask her if there is someone else, your adjusters supervisor that can answer them for you.. | Quote: | | but I did not receive the suit papers, i.e. lost in the mail, wrong address, etc. If I fail to receive the suit papers and fail to respond to the court in the time specified, I will be in big trouble, right? |
You would be but they don't mail suit papers a process server has to hand them physically to you and you sign for them...so that ain't likely sweetie...just as 'life' said, least ways never ever heard of that...you could ask your adjuster that as well..but you have to sign for them so that they can PROVE you had them..that way if you do not 'answer' they win by default.
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Lori
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| Posted: Wed Oct 22, 2008 1:41 am Post subject: |
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Dear All,
Thank you very much for all of your support and input, I could not have overcome my fear without your kind explanations. 
I would like to give an update on my case, I have been calling my adjuster once every week to follow up on my case status, according to my adjuster, my case is still pending, waiting for the other partys' medical bills and chiropractic treatment bills, etc. My adjuster said that my insurance carrier have the photos of our car damage and my adjuster says this is a minor accident, even though the other party is claiming neck and back pain, pain and suffering etc., but my adjuster said that my case will very likely settle within my BI limits unless the other party's and their attorney is planning on something bad.
I will continue to follow up and come back with any concerns.
Thank you all once again and wish you all a very happy and joyful holiday season to come. 
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Niki
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| Posted: Wed Oct 22, 2008 9:34 am Post subject: |
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Thanks for the update Niki....stay in touch with your adjuster (and us! )
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed Oct 22, 2008 10:58 am Post subject: |
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| Glad to hear that you calmed down and things are looking up for you. We really like when somone comes back and keeps us updated...thanks. |
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fireyone
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| Posted: Wed Feb 25, 2009 10:07 pm Post subject: |
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Did Niki dislose his/her policy limts to the other party
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abc1234
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| Posted: Thu Feb 26, 2009 9:30 am Post subject: |
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| Quote: | | Did Niki dislose his/her policy limts to the other party |
Disclosing the policy limit isn't mandatory everywhere. May be in some states you are required to inform the other party about your policy limits, but in many others its remains a choice of the adjuster to divulge the limits to the claimant. Groundnut
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Groundnut
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| Posted: Fri Feb 27, 2009 1:55 pm Post subject: |
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| Quote: | | Did Niki dislose his/her policy limts to the other party |
I'm sure that Niki did not...and seriously doubt her adjuster did either...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri Feb 27, 2009 3:34 pm Post subject: |
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| I believe the only time that limits have to be shown is if they are settling for the limits. Once a limits decision is made the other company will have to show the declaration page from the insured policy to prove these are in fact the limits. |
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fireyone
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| Posted: Sun May 17, 2009 5:01 am Post subject: |
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so what was the update on this situation?
i would like to know, as i am involved in something similar, and all the questions niki has asked, and all that answered provided have given me a lot of helpful information...
only difference is..
car is deemed total
bi 15/30
4 people in the car
the husband, wife, two kids
they came out walking fine
probably experienced whiplash
or an overly exaggerated pain
and i was by myself..
i live in ca as well...
im insured under my cousins policy
im legally at fault and i accept that
and now the attorney representing him
are requesting the info like niki situation..
my question is regarding the excess claim thing...
if the fees were over my policy, or rather the policy under
my cousins name, will they go after my cousin for the money?
and is it bad if they knew my policy limits? if they did, they have an idea what to go after right? if they didnt would it be bad? and if they didnt and it goes over my policy, what happens then?
and the husband didnt have a CA driver license, does that matter?
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pleasehelpme2
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| Posted: Sun May 17, 2009 2:57 pm Post subject: |
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The key thing in a BI settlement is that no money is paid by the insurance company without either a judgment or a signed release. A release means that the other party agrees to take the money and can no longer purse any other recovery. You'd think the attorneys were there to make sure their clients get paid. While this is true, it's only true as they then make 33% of that payment. So they are really looking to get a paycheck. Accepting money from the insurance company means that they only have to spend a few hours on the case and then collect a big payment. If they went to court your carrier would pay for a good defense to fight the claim. At that point the gloves come off and the attorney they hire uses every means possible to fight the claim. Even if the case when to an excess verdict the insurance company would simply pay the 15/30 and it would then be up to the injury attorney to collect the rest from you and your cousin. Do you have $10,000 sitting in the bank? So let me pain a picture... the injury attorney could take another case just like your and make $5000 in a few hours or spend hours and hours and hours on your verdict to get what...? A few bucks ever month for the next 30 years? It's not worth it to the injury attorney to do this. If you had some huge assets for them to take right away, yes... they might attempt to obtain an excess verdict.
Injury attorneys want to know policy limits because they don't want to waste any one's time asking for millions that are not there. Use your situation, why does the attorney want to waste time sending in a demand for $500,000... the lowering it to $200,000... then lowering it to $100,000... when he's really looking for $60,000. If he knows he wants to settle at $60,000 for everyone and knows that there is only $30,000, then he is just going to ask for the policy limits of $30,000 and not waste everyone's time. If the adjuster thinks it's only worth $5,000, then this is all that they will offer no matter what the demand is. This is why I don't mind telling attorneys what the policy limits are... my offer is going to be based 100% on the injury information... not the demand amount ('cause the demand amount is always some sky high number anyway). |
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tcope
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| Posted: Sun May 17, 2009 3:08 pm Post subject: |
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Niki,
Did your claim finally get settled? what was the settlement amount? |
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smith123
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| Posted: Mon May 18, 2009 4:15 am Post subject: |
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Whether or not to disclose the insured’s limit to the claimant’s attorney is a decision made by the adjuster, which he would do depending upon the situation or state requirement.
Pleasehelpme, your adjuster is your representative to the other party and if she feels that by disclosing the policy limit would actually be helpful towards a fast settlement, she would do that. Most likely it would be done if the claim amount exceeds the policy limit. it’d be done to inform the claimant what the maximum they would get from the claim.
OP, Tcope has once again given very sound advice. Hope it has restored your peace of mind. |
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simon
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