It should come as no surprise to anyone that insurance company adjusters sometimes make offers well below the value of a case as a means of trying to save money on settlement payments. But every now and then a motor vehicle accident case turns up where the position taken by an insurance company adjuster simply makes no apparent sense.
When the liability (or fault) of the insured is not disputed settling a personal injury claim generally comes down to finding a number a number that (1) the injured victim likely thinks is less than he or she is entitled to, (2) the insurance company adjuster likely thinks is more than the insurance company should ideally have to pay, but (3) both sides believe there is sufficient risk of doing worse if the case goes to trial.
Sometimes the two sides find a range on which they agree but cannot reach agreement on an actual number. Under such circumstances the parties may decide to take the case to trial or arbitration with a stipulation that the insured is liable and a high-low agreement under which (1) if the award is lower than the range of the agreement the injured victim will receive the low number in the agreement and (2) if the award is higher than the range the insurance company will only be liable for the high number in the agreement. Parties often enter into such an agreement when they want to limit their risk of an adverse award.
Then there are those times when the two sides seem to be evaluating totally different cases. Consider the reported case in which a driver made an illegal left-hand turn while speeding.
When he did so his car struck another car in a head-on collision.
The driver of that car ended up in a coma after sustaining a brain injury from the accident. She also sustained multiple leg and arm fractures. After the accident she had difficulty with cognition, speech, memory, and even her gait. She was unable to return work. Her life was forever changed as a result of that collision. She will need someone to supervise her in her regular daily activities for the rest of her life.
The driver and the company that owned the car were sued. Yet, despite the clear liability and the extensive injuries suffered by the victim, the insurance carrier for the defendants offered only $150,000 to settle her claims. The law firm that handled the matter reported that the case went to trial where a jury awarded the victim $8.875 Million.
Given the type of injuries suffered by the victim the position taken by the insurance company adjuster in this case defy explanation. An offer of $150,000 could not possibly have covered the loss of earning capacity plus the current and future medical and life care expenses the victim is anticipated to incur. Given that this case included an employer defendant a commercial policy must have been in place. Commercial policies typically are for $1 million or more. Thus, a $150,000 offer would be viewed as adding insult to the victim's injuries.
Attorneys experienced in handling motor vehicle accidents involving catastrophic injuries understand that when this happens negotiation may be counterproductive and the best course of action may simply be to just prepare the case for trial.
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