How do I get an insurer to settle?
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How do I get an insurer to settle?
I have a personal injury claim with an insurer. I was hit head on in a car accident by their insured 6 months ago. I contacted the insurer and told them that I am ready to settle. I have not heard anything back and it has been 3 months since I told them I as ready. What is my next step? What do I need to say to them and what do I need to do to get a check and as much money as I should be owed? I am out of pocket for all my doctor’s bills until I get reimbursed and I am strapped financially now. What should my next step be and how do I talk to them so that I can get this resolved and cover my butt for all I am out of and will face in the future?
Asked on November 2, 2012 under Personal Injury, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you should do is get an attorney to represent you in this matter--that will greatly increase the likelihood of you recovering as much money as possible.
If you don't want to get an attorney, then bear in mind that you can't make an insurer settle--they will only settle if they are convinced that if they don't settle, they will likely pay as much or more (and incur further legal fees). You may wish to document your medical bills, lost wages (if any), property damage, and out of pocket costs (e.g. towing) and send those to the insuer, some way you can prove delivery, with a cover letter stating that you have suffered demonstrable losses in such-and-such total amount plus have experienced considerable pain and suffering, all due to their insured's negligent or careless driving, and will take legal action if necessary to recover the compensation to which you are entitled for your injuries and losses. Copy the letter to the other driver.
If they still won't settle, or won't even respond, it may be that they either believe that you, not their insured, were at fault; or they believe you won't actually sue. In that case, your only recourse to try to get the money would be to sue the other driver. (You sue the driver, not the insurer; the insurer however should then step in to defend and, if necessary pay, assuming the driver was validly covered.)
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