Why Accident Cases Don't Settle
Posted Monday, March 9, 2015 by Chris Thayer
A Seattle Accident Attorney Discusses Cases that Cannot be Settled
Although it is true that the vast majority of accident cases settle without the need for litigation, the facts and circumstances surrounding certain cases point to the inevitability that resolution will take place in a courtroom. Experienced Seattle accident attorneys understand the typical reasons why this may be necessary.
Initial Considerations
Most often, prior to the point in time when filing a lawsuit may be the only option, negotiations between counsel for the injured party and the insurer for the party responsible for the accident have been taking place. If a lawsuit is filed, the case will be brought against the responsible party, not the insurer. However, if the claim is based on an uninsured or underinsured motorist, the insurance company itself may be a named defendant.
Strategic Considerations
Knowledgeable counsel knows who the insurance company is and how they operate. Some companies play a waiting game but will ultimately bring a strong settlement offer. There are, however, several reasons why the parties are too far apart to settle.
Factors Leading to Litigation
Liability is in dispute; if the insurer does not believe their insured is liable or that another party shares some liability, this may need to be resolved at trial.
- The valuation of the case: both sides make an assessment as to what a case is worth. Insurance companies often resort to some formulation based on past cases while plaintiff’s counsel bases the demand more on actual damages. If the parties are significantly far apart, settlement is difficult.
- Company policy; certain insurance companies push a certain percentage of cases to trial to demonstrate their resolve not to automatically write a settlement check.
- Doubtful injuries: if the insurer has reason to believe the injuries claimed are exaggerated in any way, it may force the plaintiff to prove those injuries in court.
- Inexperienced counsel: insurers know the attorneys. If they suspect they can drag the case out and force acceptance of a low offer, they will do so.
Contact Seattle Accident Attorneys for Legal Advice
Understanding how insurance companies play the game is a major factor in arriving at a fair and equitable resolution in an accident case. For any questions on your case, call Chris Thayer at (206) 340-2008.