Told I need to file a lawsuit

[eakub2006]

What is the name of your state (only U.S. law)? NE

I had a thread on here, but for some reason it was closed (I have no clue why). I was in an accident back in August, wasn't my fault. I have over $4000 in medical bills that were submitted to the at fault person's insurance company in a demand letter. It has been 3 months and there has been absolutely no response from the insurance company. Several letters were sent and many messages were left on a voice mail that supposedly belonged to the person handling the claim. We have an attorney now and he says we have no choice but to file a lawsuit. I feel a little bit bad though because he said that the lawsuit would be brought against the person and not the insurance company that refuses to even talk to us. Does this sound right? I've never had to sue anyone before and I know my family will freak out when they find out (they are very much against suing people). But what else can I do at this point?
I also wanted to ask, do lawsuits like this typically require a court appearance? I would be afraid to have to face this kid's family for fear of being harassed or something. Or am I just being too sensitive about this whole matter?

 

[ecmst12]

This is normal. You can't sue the insurance company, you have to sue the person who caused the accident. The lawsuit is just to show you mean business - still 99% chance it will never go to court. But don't expect it to settle next week either.

 

[eakub2006]

So if it goes to court, does that mean I would have to testify? That sounds really scary.
As far as expecting to get paid next week, um, no I'm beyond thinking it's going to be anything near that. It has already been 3 months, so I would imagine it will probably take several more months just to get anywhere. Luckily the doctor said he wasn't in a huge hurry to get paid. He said he understands that sometimes these things take time. My attorney did say this was a bit unusual though, the insurance company completely ignoring us that is. But from what I gather, this is some sort of hole-in-the-wall operation. There is only one property damage guy and he has to cover 3 states. I have no clue how much area this other guy (the one we can't get a hold of) has to cover. Ridiculous!

 

[eakub2006]

Sorry, I'm activating this thread again. I have another question though.
Okay, insurance company finally contacted my attorney and pretty much was playing dumb (demand letter? I didn't receive any demand letter...). This was just days before the summons was going to be sent out. Anyway, after much negotiating, the insurance company has given a final offer and my attorney doesn't think they will go up any higher without continuing with the lawsuit. He thinks that the offer is fairly low. It's not ridiculously unreasonable, but it is a lot less than what we were asking for. He said it was up to me if I want to keep pursuing it or not. He said they might give us an offer before the actual court date, but there's no guarantee. I also don't like the idea of them questioning me. Not that I have anything to hide, but I get this picture that they would try to twist the situation around to make it more favorable for them.

I guess my question is, do you think it's worth continuing with the lawsuit in hopes of gaining a few extra hundred bucks? Or should we just call it good, take the offer, and save on all the time of going through the litigation process?

 

[justalayman]

first, yes, if it goes to court, you almost assuredly will testify. Yes, it can be scary and intimidating but it is what you have to do sometimes.

next, don't forget, the attorney gets a cut of whatever you get so before accepting anything, calculate the attorneys cut and then look at where you are.

He said it was up to me if I want to keep pursuing it or not.

It is always your decision. They attorney can only advise.

He said they might give us an offer before the actual court date, but there's no guarantee

that is possible. Real quick story. Gal was in an accident. Needed some surgeries. At fault drivers insurance offered $12,500 during negotiations. At that time, med bills and attorneys cut would need at least $80k to cover (with gal walking out with $0). Obviously said no. Got to trial. Plaintiff (injured party) testified. Husband testified. Doctors testified. Plaintiff rests.



Defendant gets on the stand and looks like an idiot. His attorneys seemed to be sliding under the table as plaintiffs attorney was questioning defendant.

Recess

all attorneys (both sides) start talking

plaintiff attorney comes to plaintiff; "well, they offered $195k. Don;t know if they will go higher. Yes or no."

Plaintiff accepted.

So, yes, offers are made before, during, and even while juries are negotiating. As a matter of fact, the Stella Liebeck (McDonald hot coffee) suit was under appeal and both parties went into private negotiations and settled before anything went back in to court.

and to questioning you; yes, it does open you up for some scrutiny but you just answer the questions, remain calm, and let your attorney do what he can to not allow tricks.

 

[eakub2006]

I guess I'm just questioning whether it's worth it or not. The offer is below the minimum amount I told my attorney I would settle for, but it's not WAAAAAAAAAY below. I already know exactly how much I would get in the end with attorney's fees and everything if I were to accept this offer. I just worry that I'd go through all this time and effort and have some mean things said about me and then only end up with relatively small increase in my settlement. I understand that many insurance companies will still try to settle, even during the litigation process. But with this oddball insurance company, there's no telling what they'd do. I know that nobody really knows the answer, I was just looking for some reassurance so I can feel like I'm making the right decision.

 

[justalayman]

You could also end up with less money as well.

You need to do what you feel is right. Nobody can really tell you what you should do.

 

[WILLIAA]

What is the name of your state (only U.S. law)? NE

I had a thread on here, but for some reason it was closed (I have no clue why). I was in an accident back in August, wasn't my fault. I have over $4000 in medical bills that were submitted to the at fault person's insurance company in a demand letter. It has been 3 months and there has been absolutely no response from the insurance company.

yes, file a lawsuit (you can do it) and serve it on the insured. you will automatically go to the heead of the line with the insurance company. THEY HAVE 30 DAYS A FILE A RESPONSE. THEY WILL NOT WANT TO and will put the agent on your to settle. they can sit there and let you sue their insured. taht is why he pays them to guard against it. i just did tis and got the policy limits even thought i only has 1,200 in med bills. i was not huirt. i got 50k because he tried to do a hit and run while talking ona cell phone. the insurance comapny can not let him go to court if it is CLEAR you will win. that would be bad faith.

 

[las365]

This is terrible advice:

yes, file a lawsuit (you can do it) and serve it on the insured. you will automatically go to the heead of the line with the insurance company. THEY HAVE 30 DAYS A FILE A RESPONSE. THEY WILL NOT WANT TO and will put the agent on your to settle. they can sit there and let you sue their insured. taht is why he pays them to guard against it. i just did tis and got the policy limits even thought i only has 1,200 in med bills. i was not huirt. i got 50k because he tried to do a hit and run while talking ona cell phone. the insurance comapny can not let him go to court if it is CLEAR you will win. that would be bad faith.

OP, in your situation and given what you have said, I would say take the offer and get this behind you. As pointed out, if you file suit, your attorney fees and expenses will increase and you may not end up with as much as you would net now. Or you could get more. Generally, money now is better than uncertain money (or no money) later.

 

[eakub2006]

This is terrible advice:



OP, in your situation and given what you have said, I would say take the offer and get this behind you. As pointed out, if you file suit, your attorney fees and expenses will increase and you may not end up with as much as you would net now. Or you could get more. Generally, money now is better than uncertain money (or no money) later.

Thank you for responding! Yeah, we're thinking it's probably best just to settle. Considering that it could take 6 months or more before we even got anywhere with it, I don't think it's worth all that time and effort for the small increase that I might get in the settlement.