Most insurance adjusters try to avoid having their company involved in a lawsuit. However, some do not agree to deliver a decent payout to the injured claimant.
Some policies have a very low limit as the maximum.
• That means that only a limited amount of money can be made available for any one compensation package.
• Claimants that learn about such a limit seldom know about any of the other options.
• In court, an adjuster might try to keep a judge from giving thought to what other monies could be available.
Claimant’s right to negotiate a settlement
The legal process encourages negotiated settlements, because each of those ensures the formulation of a fairer resolution. The legal process does not favor an approach that has the insurance company dictating the amount of money that should cover the claimant’s losses.
A personal injury lawyer in Waterloo works to gather evidence, in hopes of strengthening the argument to be presented during negotiations. If a claimant’s attorney has put forward a strong argument, and the adjuster has refused to alter the initial bid, usually a low-ball offer, then the claimant’s lawyer has the right to seek litigation.
In cases where a defendant’s policy has low limits, litigation might be used when an adjuster has insisted that the insurance company has no more funds to offer.
Other situations where an attorney might help with the filing of a personal injury lawsuit
A policyholder has made a 1st person claim, after being hit by an uninsured motorist. The insurance company has alleged that the policyholder was partly responsible for damage to a 3rd party’s vehicle. If the policyholder wanted to go after his or her rights, then it would make sense to file a lawsuit against the insurance company.
A claimant has sent the adjuster a demand letter, but there has been no response. An attorney’s filing of a lawsuit against the uncooperative insurance company might motivate the adjuster to acknowledge the demand letter. That acknowledgment should come with an initial offer, and help the case to move forward.
A claimant has responded to a bid from the insurance company, but that response has failed to elicit a second bid/offer. This is another time when the process could stall temporarily. In order to get things moving, the personal injury lawyer representing the victim/claimant would have to threaten a lawsuit.
Why do insurance companies dread the pursuit of a lawsuit by the victim of the defendant’s negligence?
At the conclusion of a court trial, the jury decides how much money the plaintiff should receive. Some juries decide to award the plaintiff a large amount of money. After that ruling’s issuance, the insurance company is obligated to deliver a large payout.