Legal Question in Insurance Law in Florida

Insurance Co offers lowball settlement for a death.

My 16 y.o.daughter was a passenger in an automobile accident and died at the scene. The 19 y.o. male driver received minor injuries. Neither were wearing seat belts.

My insurance co. informed me that my $300,000 uninsured motorist coverage is stackable X 3 ( coverage for three cars)for a potiential $900,000 settlement. They also said it would be unlikely I would receive the max amount since the ''life value'' of my daughter would have to be determined.

They made me a settlement offer of $300,000 which I refused.

Now there seems little is being done to my claim. They are draging this out hoping I will accept their offer. Since when did insurance settlements become ''negotiable''?

I pay higher premiums for greater auto insurance coverage and feel I should receive a greater settlement as stated in the policy contract. How do I get them to offer a higher settlement amount? Would hiring a lawyer and paying him one third of the settlement help me?


Asked on 8/27/03, 7:00 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Insurance Co offers lowball settlement for a death.

An attorney would have to obtain close to $425,000

for you to be in a similar position you are in now. The value of the case would depend on the proveable pain and suffering she incurred prior to death and her value to her next of kin under wrongful death statutes. Legal research could give you examples of prior verdicts under similar circumstances. The amount of your policy has no bearing. Without more facts I cannot give you a definate answer however $300,000 does not appear to be an unreasonable figure. My best wishes to you.

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Answered on 8/27/03, 9:29 pm
Steven Fahlgren Steven M. Fahlgren, P.A.

Re: Insurance Co offers lowball settlement for a death.

I do not think you can lose by consulting with an attorney with significant experience in wrongful death cases. Perhaps Mike Bailey at (407) 628-2929. As he will explain, there are so many questions that must be answered to fully evaluate your case, e.g., can the cause of death be properly attributed to the fact she was not wearing a seatbelt, were there other tortfeasors, what is the reputation of the insurance company in question, etc. I think Mike Bailey could answer a lot of these questions without charging you unless he was retained to represent you. If I were in your shoes, I would give him a call.

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Answered on 8/29/03, 1:06 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Insurance Co offers lowball settlement for a death.

Since I started my legal career as an insurance conpany lawyer I know exactly how they have you pegged for a low ball settlement. I would consider handling your claim taking no fee on the first $300,000. And charge only a percentage of any increased amout. A wrongfull death of a 16 year old daughter may be worth much more than a million. Call me at 305-804-5475 if you want to discuss obtaining the full $900,000 paying only 1/3 of the increase.

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Answered on 8/28/03, 12:48 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Insurance Co offers lowball settlement for a death.

Your inquiry stated your daughter was not wearing a seat belt. Possible the insurance company blamed her for her failure to wear a belt. Often defective seat belts that are in place open on impact giving a false impression.I'm working a a false latch case now. If the wreck is still available it should be inspected and check for a history of reported claims for that make car or for air bag failure. Note also that there is a 2 year statute of limitations for wrongfull death cases. I had parents in a Bonita Springs death of a 5 year old child who only consulted me with one month to spare.

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Answered on 8/28/03, 1:07 pm


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