In a recent personal injury case the insurance company was very adamant and firm that my client, the injury victim, was entitled to nothing, nada, zero and that it would not pay him anything.
You see, the case was in two parts:
Part 1 was a claim against the wrongdoer’s insurance policy, and because the value of my client’s case exceeded those insurance limits, part 2 was a claim for under-insured benefits under my client’s own insurance policy.
We knocked off part 1 for $50,000.00.
Nothing more to get there, we proceeded to part 2.
The insurance company was not happy. It took the position from day 1 it would not pay a penny more. It felt my client was adequately compensated, and was not entitled to anything more.
We disagreed.
My client gave me permission to bring a law suit against his own insurance company for breech of the insurance contract.
We took the position that the insurance company charged my client for something called un/under-insured motorist protection.
In short, and as would very plainly tell the jurors, the insurance company was trying to rip-off its very own policy-holder/customer, my client and deprive him of the very benefits he paid for. To paraphrase a former US president: ” I paid for these benefits!”
Un/under-insured motorist benefits is a common policy provision. If you have auto insurance then undoubtedly you’ve been paying for this coverage too.
It is important to have because you can cover yourself. The other guy might have coverage ( might not either) and in such instances your own insurance company is obligated to pay your damages.
Great idea: The extent of coverage is actually in your very own hands, so make sure you have enough!
In the case I’m blogging about, we filed suit, went through the discovery process, and, on the verge of trial, was offered a settlement by the insurance company.
The offer to settle for zero/0 ended up at $70,000.00.
I like that math much better.
A good, solid result for my client— who was very deserving.
Keep your strength.
Charlie Donahue
injury lawyer for the people