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Lawsuit question...... Quick fire

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Lawsuit question...... Quick fire

Old 12-05-2017, 12:08 PM
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Default Lawsuit question...... Quick fire

I have been going back n forth in a lawsuit with an insurance co.

Specifics of it I'll not post..... Just know that when they have made an offer, I've told them to "pound sand".

Insurance is within 15% of what I'll take minimally on an offer.

Lawyer claims this is their "final offer" and I have until tomorrow to accept. Not having a ton of experience with these matters

Should I accept? Or send the lawyer back with a counter and prepare for court?

It's been about 8 months since I filed suit.
Old 12-05-2017, 12:12 PM
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Originally Posted by 37IslandHopper View Post
I have been going back n forth in a lawsuit with an insurance co.

Specifics of it I'll not post..... Just know that when they have made an offer, I've told them to "pound sand".

Insurance is within 15% of what I'll take minimally on an offer.

Lawyer claims this is their "final offer" and I have until tomorrow to accept. Not having a ton of experience with these matters

Should I accept? Or send the lawyer back with a counter and prepare for court?

It's been about 8 months since I filed suit.
What does you'r lawyer say?
Old 12-05-2017, 12:12 PM
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The original offer was blasphemy.

What I've been willing to accept has not changed in 8 months.... FYI
Old 12-05-2017, 12:14 PM
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Its a common bluff with insurance companies when they feel certain they have a liability. Many lawyers don't want to go to court so they "suggest" you take the "final offer." Don't forget the lawyer still gets their fee from the settlement.

What YOU have to decide is whether your $$$ value of what you would take is reasonable.

The difference between what you are being offered and what you want is normally what the insurance company thinks it will cost to defend the case.
Old 12-05-2017, 12:14 PM
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There is no such thing as a “final” offer. You can probably hold out for more. How far away is trial? Could be fee shifting ramifications for declining the offer if you lose at trial—make sure you ask your attorney.
Old 12-05-2017, 12:15 PM
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Never take the first offer and don't ever let them see you sweat
Old 12-05-2017, 12:15 PM
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X100 on what lawyer says

You have given no specifics- and that is fine but to ask for SUE em opinions with out dollar amount, some facts, etc
All you are going to solicit is the typical pitch fork gang
Old 12-05-2017, 12:15 PM
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If its within 15% I'd probably take it, how much is that lawyer going to cost you if this goes to court?
Old 12-05-2017, 12:17 PM
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Tell 'em to pound sand.! If you've any influence whatsoever, they're coming back with another offer OR if they're close make a counter and see if they're going for it.
Old 12-05-2017, 12:17 PM
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Originally Posted by bikem View Post
What does you'r lawyer say?
He thinks its a good offer.

But at the same time, It's not quite where it should be. My acceptable limit is 10k less than settlements of 3 other recent VERY SIMILAR cases that I know of.

So I'm questioning the value of his reasoning. Gut feeling.
Old 12-05-2017, 12:18 PM
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Originally Posted by amofgreenville View Post
If its within 15% I'd probably take it, how much is that lawyer going to cost you if this goes to court?

This is what I'm leaning toward.
Old 12-05-2017, 12:21 PM
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Originally Posted by kennyboy View Post
Never take the first offer and don't ever let them see you sweat

We're on about the 7th offer.
Old 12-05-2017, 12:41 PM
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Why do you feel they owe you more money. You have an insurance policy that tells you what they will cover up to if there is a claim. What are they not covering?
Old 12-05-2017, 12:42 PM
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Originally Posted by 37IslandHopper View Post
We're on about the 7th offer.
The plot thickens..... Obviously they feel they have clear liability.

First, I would ask your attorney what his bill is if the case was settled today.

I would have your attorney promptly give them your final offer and a drop dead date. I would also cut your demand by 2 or 3 % and get out of Dodge. Then, if they refuse, you have the protection that you offered a settlement and they refused.
If you don't, they will use that against you with the Judge.

As mentioned earlier, your attorney fees if you go to court could well eat up a lot of what you are asking for, or much more.

This sounds like one of those Courthouse Steps Settlement cases. But remember, preparing for court is expensive.
Old 12-05-2017, 12:43 PM
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Originally Posted by 37IslandHopper View Post
He thinks its a good offer.

But at the same time, It's not quite where it should be. My acceptable limit is 10k less than settlements of 3 other recent VERY SIMILAR cases that I know of.

So I'm questioning the value of his reasoning. Gut feeling.
So is this some kind of injury case or a defective product type of claim?
Old 12-05-2017, 01:53 PM
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Originally Posted by fishingfun View Post
So is this some kind of injury case or a defective product type of claim?
No. Home damage.
Old 12-05-2017, 02:18 PM
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To be this far along in the process and still have such a wide disparity in valuation for a property damage case, suggests that there is a significant downsize risk for you if the matter goes to trial. Only you can evaluate if you can withstand the financial hit if you come up short. Most people settle for that very reason. I would be more likely to push onward if you really don't need the money ... and you can afford the hourly rate fees for an appeal.
Old 12-05-2017, 02:49 PM
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Having argued with an insurance company a couple times, they want all the documented proof of everything that has to be done.
Old 12-05-2017, 02:52 PM
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Property damage is more clear cut for valuations than pain & suffering in a liability issue.

There must be some areas where you and the insurer disagree on the cost of repair and or replacement.

Figure out where you differ and be prepared to prove that their estimate is too low. Quotes, market price comparisons can be your friend. OTOH, if you have trouble doing that perhaps the insurer's offer is fair.
Old 12-05-2017, 02:57 PM
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Without knowing the details & monetary amounts....sounds like a good one for a public adjuster!

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