Settlement negotiations for personal injury at last minute.?

Question

The statute of limitations runs out on July 5,2008 for my personal injury case in Tennessee, and we have not yet gotten a first offer from the claims adjuster. The last time my lawyer got a hold of him he said that he was waiting on a medical report that he requested because he thought my bills was to high and he wanted another doctor to look over it or something, but he said he was getting the report back last week and we still haven't heard anything. My question is, Is this a normal, do insurance companies wait till the last minute to settle or do you think they are wanting to go to trial?Also this is a third party insurance company and the guy that hit me was 100% at fault..Thanks for any info

Answer 1

I think they're hoping that your lawyer is an idiot and doesn't file the suit papers before July 5th.  

Why the HECK are you waiting for an offer?  Your lawyer needs to get down to the courthouse next week and get the suit filed.

Answer 2

They don't want to go to trial. They're going to wait until the last day and offer you 1/3 of what you are hoping for.  Or maybe they'll offer you nothing.

If they can make you wait until July 6th, they've won.  Wait - the 5th is a Saturday.  If they can make you wait past the 3rd, they've won.

Answer 3

Since you have an attorney, any and all questions should be directed to your attorney.  He is getting a third of your settlement and is being paid to answer any questions or concerns you might have.

The minute you hired the attorney, you gave up the right to ask questions here.

Answer 4

Well, when did your attorney submit his demand?  The delay could be on him and not necessarily the claims adjuster.  It sounds as if the adjuster questions your medical treatment and has submitted it for a medical review.  A medical review is conducted by a contracted doctor.  All of the medical reports that were submitted are reviewed to determine if your treatment was reasonable and causally related to the injury you sustained.  This can take some time, but usually not more than 30 days.

The adjuster is aware of the statute of limitations, but will not just throw out an offer just to make sure it does not expire.  Your attorney if he is competent will file a complaint before the SOL expires.  

However, you can likely expect an offer within the next week or two.

Answer 5

I can tell you for sure that insurance companies do not want to go to trial, but would rather settle. yes, they do wait till the last minute.