Legal Question in Personal Injury in Florida

My wife and I were in an accident on 3/4/2013.

We have a claim against the driver and a claim with our ins. co.for under insured motorist.

We have beem released at m.m.i. and our lawyer has filed the letter of demand to both ins. companies demanding maximum limits within thirty days.

My question is,what happens next after my attorney rejects their "low ball offer",and how long will the process take to finally settle "ballpark" time frame?

Thank you very much.


Asked on 10/21/13, 3:38 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

No such thing as a ballpark time frame. Ask your attorney as he is the best position to know what the insurance companies will be doing. First, the third party claim must be resolved. Without a tender of the underlying limits, then the UM carrier is not even responsible for paying anything. Second, if you get the tender, your UM carrier must approve the settlement before you can accept that. Third, then the UM carrier gets to weigh in on the damages and whether they believe the claim is worth more. Fourth, if no satisfaction with the above, filing suit is the next step.

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Answered on 10/22/13, 6:57 am
Michael Tobin Michael M. Tobin, P.A.

Your lawyer is your "partner" in the claim. Look to him for your advce.

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Answered on 10/22/13, 12:56 pm


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