Driver's Insurance Company Makes Low Offer To Victim Hurt In SUV Accident
In this article we look at yet another lawsuit in which an insurer made only low ball offers to settle a motor vehicle lawsuit in which the plaintiff sustained a significant injury. In this case an injury that really impacted the plaintiff's ability to work.
In this case an individual driving an SUV was involved in an accident with bicyclist. The bicyclist reported seeing the driver come from the opposite direction then make a U-turn immediately in front of him giving him no time to stop his bicycle. He ended up going over the hood of the vehicle. The plaintiff tore a cartilage in his wrist during the accident. This caused him difficulties at work where he was a mechanic for a high-end motor vehicle dealer. And a doctor testified that the victim's wrist will likely subsequently need to be fused and that this will probably end his career as a mechanic. Consequently the plaintiff would probably not be able to make as much money in the future leading to a loss of earning capacity.
With this information the law firm was able to name the employer as an additional defendant. The insurance company made two settlement offers in the lawsuit. The first offer was for $10,000. The second offer, which they made the week prior to trial, was for $30,000.
This amount represented $250,000 in economic damages (which would usually include medical costs and loss of earning capacity). It also included $300,000 in non-economic damages (this is the pain and suffering caused by the injuries).
Both sides knew the specifics of this claim prior to trial. The testimony of the physician was not unexpected. But, each saw the lawsuit from a distinct angle and hence reached a very different conclusion as to the proper settlement value. The insurance company adjuster and defense attorney undoubtedly viewed the lawsuit as one that involved an injury from which there was a full recovery. They probably discounted the bicyclist