Legal Question in Personal Injury in Virginia
Amount of time to settle claim
I was injured in an auto accident last Oct 2004. Other driver at fault. Hired lawyer and a claim for $54,000.00 to cover medical costs, wage loss amounts totaling $10500.00 plus pain and suffering was sent to other dirver's insurance comapany in Mar 2004. It is now July 2004 and although the Ins co. made a very low offer of $8000 in Apr 2004, which was rejected, the claim is still not settled. How long can the insurance company play the game to see if I get tired of waiting? I still suffer pain and need more therapy, but although I have medical insurance, I am required to pay a co-payment for each session which is $80.00 a month (don't have) and would need to take more time off from work for it. My lawyer says that I need to be patient or the insurance company will think I will settle for less just to get the money. But how long must this game go on?
2 Answers from Attorneys
Re: Amount of time to settle claim
Generally, the insurance company does not have to settle at all. They can wait until the case goes to trial, when the case must be proven at trial. It is unreasonable. But no one can force them to settle.
Re: Amount of time to settle claim
One approach would be to give the other side a
deadline by which a satisfactory settlement must be reached or you simply file suit against the culpable driver.
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