Recently I had a case against an insurance company that I deal with on a regular basis. In that case, my client was rear-ended in a car accident and my assessment of the injuries was that they were severe and that the injuries were in excess of what the policy limits were. The insurance company in this case had made us an offer to settle the case and the settlement was not as much as the policy limits were. I will tell you in my experience with many attorneys that what they will do is to attempt to talk their clients into taking a number that’s less than the policy limits. I think that’s a mistake, especially if you believe the case is worth in excess of the policy, there’s no need to save the insurance company off of the policy. In this case, the insurance company offered us about three quarters of the insurance policy and I rejected that number.
We then put the case into suit, we were letting them know that they weren’t going to accept a number which allowed them to save anything off of the insurance policy, they came to us, recognized that they were going to have to pay money to defend this case, and also recognized that the assessment of the injuries was correct and ultimately paid us the full policy. We didn’t save them anything off the policy, that’s not our job.