Legal Question in Insurance Law in Ohio

Insurance settllement for 2 people

My son and I were injure in a rear end collision. The other driver's insurance has offered settlement to me of 100,000, the limits. My med bills are about 70000. My son has bills of about 4000. I would prefer to settle this all at one time. my question is, if I counter-offer to settle including a dollar amount for my son, and it is refused, does that take the initial offer of 100000 off the table? Thanks for your help.


Asked on 11/23/07, 12:29 pm

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

Re: Insurance settllement for 2 people

You should see if the insurance limits are a $100,000/$300,000 policy. If that is the case, you and your son would potentially be able to recover $100,000 a piece for a total recovery of $200,000. The next question would be to see if your own personal insurance has higher limits. If it does, it creates the potential to gain recovery under the Uninsured/Underinsured (UM/UIM) coverage of your own personal policy. Finally, they have made an offer, when you make a "counteroffer" you are really rejecting their offer and making a new offer. Thus, their offer is no longer on the table. As a practical matter, they may still be willing to resolve a settlement with you, at an amount already on the table. But, they are not required to do so. Please contact me should you wish to discuss further.

Read more
Answered on 11/23/07, 1:18 pm


Related Questions & Answers

More Insurance Law questions and answers in Ohio