Auto Negligent lawsuit

Reply Thu 17 Nov, 2011 08:35 pm
Hello 2 yrs ago I was in a neighborhood accident that I have now been served a lawsuit petition. I have insurance and the adjustor has told me that the plantiff's lawyer wants a 40-60 day extension but the adjustor has told him he will only give 20 days extension. He has already offer the plantiff's lawyer money but the lawyer has claimed he hasn't talked to his "client" yet and that he wanted a 40-60 day extension which the insurance adjustor said no I am only giving you and your client 20 days. I just want to know what would be their reasoning for wanting a longer extension? This "plantiff" is a fraud and is very money hungry this accident wasn't even serious for her so called injuries that she has claimed and her medical records don't even match up with the accident. She even got out of the car and walked around and talked the time of the accident and the impact was low no damage to her car, and I was only going 15-20 miles per hour my car slid because it was raining that morning. I have no money to give her, and My insurance adjustor tells me that he believes that the lawyer knows they don't have a good case but Im concerned and still not understanding why they just A. take the money that the insurance is offering them or B. take me to court and stop prolonging this? It has already been over 2 yrs. Thank you and some advice would be greatly appreciated.
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Finn dAbuzz
Reply Thu 17 Nov, 2011 11:02 pm
Your adjuster is handling this claim properly.

First of all the plaintiff attorney must convey the adjuster's offer to his client. If he hasn't, he his in violation of attorney ethics, and he's afraid his client will accept it.

The plaintiff attorney wants a prolonged extension because he knows he has a lousy case and if he has to actually proceed with the litigation it will cost him money.

He is going to get a percentage of any settlement he can effect. Usually about 33.3% The less time and resources he devotes to this matter, the more he collects.

Some of these scumbags actually try and charge their clients for "administrative costs" and so they get to keep even more of their share.

The only reason a plaintiff attorney wants an extension is because he realizes he has a loser and doesn't want to invest any money in the case.

I understand why you are concerned, but this case will never go to a jury. Never.

It will be settled and it will be settled within your policy limit.

Just in case, tell me the following:

What are your policy limits?

How much has the plaintiff attorney demanded for a settlement?

You can get obtain the answer to the first question by looking at your policy or asking the adjuster

You can obtain the answer to the second question by asking your adjuster. He must give you an answer.

Get me the answers to these two questions and I can advise you further.

Obviously anything can happen, but I feel very confident that you have nothing to worry about.
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