Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?
I have no assets, liability is not an issue, there were no serious injuries, so I’m a little confused as to why they choose to continue on with this. I’ve said since day one, the accident was my fault, she was not seriously injured, yet she chooses to get a lawyer and go on with this nonsense, even after being offered policy limits. The only things I own are the clothes on my back and a cell phone that’s it. I don’t have a lot of money.
A: Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.
A: If your insurance carrier was presented a "Stowers" demand for an amount within your policy limits and they failed to respond before the deadline, then the claimant can still proceed forward to try to get a verdict in excess of the policy limits. That would be one reason they set a trail date in spite of the carrier now offering policy limits.
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