The ultimate resolution of a personal Injury claim is mostly controlled by the Insurance adjuster. It is true that sometimes Plaintiff's may have unrealistic expectations, but more often than not, the problem lies with the insurance adjuster. As a Miami Personal Injury Lawyer, this brings me to my contrasting experiences this week.
The first case involves my client who was involved in a bicycle accident on Miami Beach. The investigating police officer cited my client for running a stop sign, and thus crashing his bicycle into the side of a car. The police office failed to mention that the car had a flashing yellow light at the intersection, and that the car failed to yield. Some insurance companies (Allstate, State Farm, and United Automobile to name a few) will generally deny liability under these circumstances. However, this particular case involved Liberty Mutual Insurance Company and a very savvy insurance adjuster who understood that her insured was probably 50% responsible for causing this accident and that in light of my clients injuries-(Head injury, cervical disc herniation, and scapula fracture) this case should be settled for policy limits of $100,000. Rather than expose her insured to an excess judgement we settled the case on Friday for policy limits.
Case number 2, involves my client who stepped off a median and was struck by car. My client suffered a broken leg, underwent surgery and was hospitalized. Again, the police officer indicated my client was at fault for stepping off the median and causing the accident. The police officer failed to mention the fact that the car was speeding and had ample time to avoid the accident. The driver of the car was insured with State Farm, and the driver had a minimal insurance policy of $10,000.00. The adjuster refused to tender the insurance policy, and has now exposed their insured to an excess judgement.
Insurance Companies owe their insured's an obligation to act in Good Faith, and to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. However, many Insurance companies simply ignore this basic principle of Insurance Law, and will expose their insured's to lawsuits and excess judgments.
When shopping for car insurance it's not about the commercials we see on television, but about actual protection. Like a good neighbor State Farm is rarely there.
