Proceeding with Litigation if the Insurance Company Refuses to Settle
Posted Monday, April 1, 2013 by Chris Thayer
When the insurance company refuses to meet your preferred settlement range, your Seattle motorcycle accident attorney may decide it is time to file a personal injury lawsuit.
Why Won’t the Insurance Company Settle My Case?It is sometimes difficult to surmise why insurance companies do what they do, but usually there are several factors that contribute to their unwillingness to settle a personal injury claim. For example, the insurance company might simply think you have asked for more money than your claim is worth. They may also refuse to settle because they think that some other party should be held responsible for the injuries.
Alternatively, it may just be company policy not to settle. (The insurance company knows that some claimants will go away to avoid the hassle of filing a lawsuit.) The insurance company may also assume that you and your Seattle motorcycle accident attorney will reduce your value of the claim if you have to sweat it out, especially if they do not believe that you were injured, or that you were injured as badly as you claim.
Who are the Defendants in the Lawsuit?Typically, the suit is not brought against the insurance company that is refusing to settle the case. Instead, the case is filed against the person, persons, or company that caused the injuries you sustained. However, if the case involves an uninsured or underinsured motorist, the insurance company will be part of the suit.
Tactics for Filing the LawsuitThere are many different tactics that your Seattle motorcycle attorney may employ when deciding when to actually file the case. In some cases, where your demand and the insurance company’s settlement offer are not too far off, your attorney may decide to wait a certain amount of time prior to filing the lawsuit.
It is possible that the insurance company will reevaluate its stance and increase its valu¬ation of your claim. However, if the insurance company’s settlement offer is not even in the ballpark of your demand, then litigation will typically need to be initiated.
A skilled Seattle motorcycle accident attorney will know when it is time to halt settlement negotiations and proceed with a lawsuit. If you have further questions about a personal injury case, call attorney Chris Thayer at (206) 340-2008.