Auto Insurance Claims Adjuster Question (Previous or Current Experience)!?
24 Mar 2010How much would you settle this claim for assuming coverage was 100K?
Driver A (your insured) ran a stop sign at 7:45pm and hit driver B in the center of the vehicle and flipping the car (totaling the car). Driver A fled the scene, abandoned the vehicle and hid in a nearby field. Search dogs retrieved her 2 hrs later. At this time, Driver A submitted to a PBT and blew a .16 (twice the legal limit). Driver A was arrested for DUI and felony hit and run.
Driver B was taken to the hospital via ambulance, treated and released. Driver B ended up with Soft tissue damage and Nerve Damage in 3 places between the neck and shoulder. Driver B missed 3 weeks of work and then was on light duty for another month. Driver B’s husband had to miss work in order to care for Driver B’s small children. Driver B’s total medical bills for ER, MRI, Orthopedist, and 2 months of PT were 8k. Lost wages were 3k. Driver B took almost 1 yr. for recovery (as good as it’s going to get).
Driver A plead guilty to all charges.
Under state law, this case meets the requirements for Driver B to be awarded punitive damages.
This question is for informational purposes only! Please do not say hire an Attorney! Solely seeking qualified OPINIONS!
Thanks!!!!!
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2 Responses to Auto Insurance Claims Adjuster Question (Previous or Current Experience)!?
Luna & Lawnboy
March 24th, 2010 at 9:13 am
We will make the assumption the Driver B had no liability at all and she is actually tort eligible. The laws vary from state to state. The meds seem high for only 2 mons of treatment, but not out of the question.
Underlying tort claim: Three weeks of total disability, five weeks of partial w/ allegedly 10 months of on going residual(without the actual medical records, I certainly would not buy into it). No permanency rating provided.
General damages: $10k – $12.5k.
Specials: $11k.
Husband’s claim without verification not valid.
Total value of claim $21k – $23.5k.
Punitive damages should settle for twice the value. However, MOST insurance policies do not cover punitive damages. The insured would have to pay for these out of pocket. The insurance company may try to get a release signed to protect the insured with consideration of the punitive. The insurance company would still defend their insured for the underlying action, but not indemnify their insured for the punitive allegations. Depends on the insurance company. So the $23.5k claim may settle in the $50k -$60k range.
Since the pltf only suffered a soft tissue injury with no long term disability or permanency, a good adjuster should be able to settle the claim in the $30k range. It really does depend on the venue and the abilities of the pltf’s attorney.
fire4511
March 24th, 2010 at 10:04 am
The situation is such that your insured is in an indefensible position. If the case goes to a jury, it is highly likely that the injured woman and her family will draw the sympathy of the jury.
Your insured is not going to be a sympathetic figure, and most likely the jury will want to punish her for her actions.
In an accident case that did not involve alcohol, or running from the scene, I would expect the settlement for injuries to be somewhere in the $35,000 range, and this does not include the property damage, and rental car costs.
In this case, the insurance company is at serious risk of a very high jury award. In some cases, if the injured party offers to settle within the limits of the policy, and the insurance company refuses, the insurance company can be held liable for the entire award, even if it greatly exceeds policy limits.
The fact that state law allows for punitive damages means that you may want to settle this for the policy limit.