Memphis, TN asked in Civil Litigation and Insurance Bad Faith for Tennessee

Q: When do insurance firm settle for policy offer to the opposing plaintiff and why

If you're involve in an accident not at fault, the at fault drive does not have enough to covered medical bills. But, the vehicle you are in as a passenger has insurance, the owner tell her insurance you not supposed to be in the car. But, it's your husband driving the car and it's his sister has the insurance now refusing to pay up. I want to go to trial and her insurance want to argue that my husband should have had insurance since he had possession of the vehicle. Now they want to offer a low settlement to keep from going to trial. Please explain what I am up against.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Tennessee attorney attorney could answer best, but your question remains open for four weeks. As a general matter, an insurance company will settle for the policy limits when it determines that it is a good business decision to do so. There's no hard fast rule that if you satisfy a certain set of conditions, you attain the right to the policy limits. It comes down to liability and damages. If the insurance carrier feels that offering you the policy limits in the interest of avoiding protracted litigation makes good economic sense, they'll consider doing it. It's a case-by-case decision that depends on the specific facts of each case. Good luck

Tim Akpinar

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