PI claim, bluff gets bluff ends where?

  • by lyong222
  • Dec 24,2017
  • 6 answers

The insurance company in their last correspondence said "our offer remains................. Please send a copy of the complaint."
Complaint? They have gathered logically that we may be ready to file suit. Does the way they stated that mean that their offer is their highest pending another set of eyes on their end taking a look?
Also if they are bluffing and we call their bluff by asking for x dollars as well as the complaint then what happens if they bluff back by saying their offer is no longer on the table and they'll see us in the court room. Is that another bluff by them or something that does happen regularly. We'd thought that the two sides could come together once suit is filed, litigation adjuster takes a look, defense attorney takes a look, then mediation. Their offer and our demand are 5000 apart at most. We heard that these companies do not care what they spend on legal fees. If true then trying to come together somewhere in the middle of this 5000 difference may not be something they even desire to do if they do not care if they spend more on defense than to just wrap it up now by giving the 5000 difference or offering 4000 or 3000 more to get it done out of court. Thanks for comments and replies to all parts of the above.


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Insurance Answers (6)

Casey Y 6 months ago

Your lawyer will get more than the $5k difference...

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lucy 6 months ago

Lyonne, this claim becomes more bizarre and makes no sense.
If, I remember, the SOL ran out months ago, thus your lawyer (had) to file a lawsuit to keep it open, thus the insurance company should have the complaint in their file, and once filed, then the insurance company would be required to answer the complaint, thus why (ask) for a copy? Normally there is a (20/30) days to answer the complaint.
Yes in some circumstances they don’t care if it is $5,000 or $100,000, but do they want to fight this or not?. But, the same goes for your lawyer. See the lawyer gets 40% of the settlement once it is in suit. So the lawyer could take the 40% (plus) expenses, but if the expenses do not add up for more,then they know that the lawyer might want not want to incur more expenses that they might (not) get reimbursed from your settlement.
So yes it is a bluff vs bluff between both of you.
But there is only 1 thing I can offer you is (1) advantage is, that (if) you can come to an agreement (before) December 31, then may get more, since (all) insurance companies want to (close) out claims (before) the end of the year. But once January 1 comes in 2018, then that ends and could be waiting next year or years to settle.
It maybe a compromise that you split in the middle ($2,500) or not. The key is, do they want to close it for 2017 or not?.
My opinion, which does not count only my experience.

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car253 6 months ago

Not enough information. Was this an auto insurance claim? Workers compensation claim? Not sure what your question is. Please give more details. And, what state?

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Steve D 6 months ago

Basically, they are going to stay with their offer unless your formal complaint (suit) brings new information to the table. They also assume that if you do not have a lawyer yet, forcing you to send the legal complaint means that you will engage a lawyer and they further assume that once you find out that your lawyer is going to take 33% off the top of your settlement, you will likely want to take their final offer.

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Who 6 months ago

1) try to leatn how to wriote concise questions - you start with laying out the facts- then ask a question
you dont start off wiht a 1/2 a//sed sentence with no facts then wander over the place asking questions when nobody knows what the f//k you are talking about
Insurance companies dont "bluff" - they dont need to - YOU have to prove YOUR case to show that the amount you are claiming is justified
It appears you didnt bother with the evidence - you just made a claim - THEY offering the amount stated here and now to settle it
You want more then they need to see FULL details of what you are claiming and evidence to back it up - i.e any witnesses, medical evidence of any injuries, medical bills to treat those injuries
THEY dont give a f//k what you "thought"
Basically that offer is all you are gonna get unless you provide evidence - (and even then if you do provide it dont mean you are gonna get your claim in full)
(remember 1 thing - if you dont provide that evidence and take it to court, the court aint gonna look kindly on you for wasting their time by not complying with a reasonable request from the insurer)

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mbrcatz 6 months ago

They most likely aren't bluffing, at this point. They have software that tells them about what these cases settle for, after putting in the injury information. They're not going to go above that. They have staff attorneys, so they don't actually pay anything extra for legal fees - the employee takes care of it.
Your attorney is most likely going to get 40% of the gross - so you'll want to think very carefully about whether you still don't want to settle this.

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