We recently settled a personal injury matter for one of our clients who was seriously injured in a car accident. The settlement was for the maximum amount of a six-figure insurance policy.
Our client sustained numerous serious injuries when he was rear-ended while slowing his vehicle in traffic. We immediately commenced a lawsuit against the responsible party and made a motion asking the Court to have the responsible party found 100% responsible for the accident.
This motion was granted allowing us to now limit our pursuit of the case for monetary damages to compensate our client for his personal injuries and out-of-pocket costs.
In light of the seriousness of the injuries, we prepared and sent a very detailed settlement letter to the insurance carrier for the responsible party, which included all applicable medical records and an itemized list of each and every injury sustained by our client.
We made clear that if the full six-figure insurance policy was not tendered within a thirty-day time period, at the time of trial we would seek monetary damages that were beyond the insurance policy limits, meaning that the responsible party’s own personal assets would be at stake. Insurance companies have a duty to protect their insureds’ personal assets and take these types of demands very seriously.
If an insurance carrier fails to settle a personal injury case in good faith and within its own insurance policy limits, and then a judgment is granted at trial against an insured beyond the insurance policy limits, the insurance companies can be held responsible for that. This is called a “bad faith” claim. Shortly after receipt of our letter, the insurance carrier wisely tendered the full six-figure insurance policy to our client.
If you have any questions concerning any possible personal injury matters, please call our firm for a free consultation. We would be happy to speak with you.
“Recent personal injury settlement for the full six-figure insurance policy” was written by Michael S. Mosscrop.