The adjuster for the other driver's car insurance company does not agree with my lawyer’s estimate of damages. Does that mean I have to file a lawsuit now?
The adjusterfor the other party’s insurance company has the power to settle claims. The adjuster estimates the value of a claim based on the type of injury, medical bills, lost wages, prognosis for recovery and any other future expenses you might have because of your injury. If your lawyer disagrees on the value of the claim, and negotiations fail to reach a compromise you can live with, you may have to file a lawsuit against the other driver.
That does not necessarily mean your case will go to trial. It means that the adjuster must turn the case over to an attorney who, hired by the insurance company, will represent the other party. However, the adjuster still holds the purse strings.
The other side's attorney will evaluate the case, tell the adjuster what he or she believes the case is worth, and make recommendations regarding any offers. Sometimes that attorney points out new issues or facts, and the adjuster realizes the case is worth more than first thought. Other times, the other party’s lawyer is in complete agreement with the adjuster. Then your only option is to move on and have your attorney prepare the case for arbitration or trial. If you do not have a lawyer yet, consult an experienced car accident attorneyfor advice on your situation. |
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us