Comments for Cognitive Brain Injury Claim Settlement Adjuster Comments

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Aug 02, 2014
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Can't believe that this attorney only demanded 65k on a TBI
by: E Mack

Legit TBI claims are worth much more than 100k, easy to evaluate when there are low limits. Good job by the adjuster and poor job by plaintiff counsel. In my opinion the attorney didn't believe that his client had a legit TBI. He is most likely an attorney that works with a lot of various fraud cases, or runs a mill or is just an idiot. A good amount of personal injury plaintiff attorneys are simply put, simple...and lazy. Bottom feeders, that's why they are at the bottom of the easiest route to make money as an attorney.

Your story is also a good example why insurers make offers on the last possible day, say 30 days from receipt of proof of claim. This differs from a time limit policy limit demand, but not necessarily a time limit demand. In a time limit policy limit demand, if the insurer has a 100k policy, it is more than appropriate that the insurer makes the full offer if they have the authority, otherwise it's considered rejection of the demand, seriously risking the assets of the insurer's insured. This is bad faith and gets costly and embarrassing.

In a time limit demand, it is appropriate to negotiate towards the adjuster's authority, sometimes even when the authority is the policy limit. Be careful when the authority is the policy limit, things can back fire and always think of the worst case scenario. However, if an insurer has a 100k policy limit, there is no monetary demand, just proof of claim. The adjuster can make an offer of say 80k, although there is authority for the entire policy. This tactic should be approved through the chain of management as opposed to a rogue adjuster. Let's say that in response to the 80k, the demand is for the policy. It is appropriate to tender the policy. Generally before the insurer is able to tender the policy, they would disclose the policy limits and the insured will need to provide consent (most likely depending on the jurisdiction, such as where the accident took place). So when the response to the 80k offer is policy limits the adjuster can disclose the policy limit at that time and ask if the attorney or claimant/plaintiff if they want to make a demand under the policy.

If the attorney/claimant/plaintiff doesn't come off of the policy, it is in the insured's, insurer's and employees best interest to resolve the claim for their demand.

This reader comment is approved for informational purposes only. It is not intended to take the place of competent, local legal counsel, nor does it necessarily reflect the beliefs of website staff.

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