Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster
I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only the same or less amount as offered by that adjuster?
A: If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for attorney fees. Insurance companies rarely invoke the procedure because it similarly could render their policyholder liable for attorney fees if its offer to you is too low.
1 user found this answer helpful
A: Here's my 2 cents----whether you hire a lawyer to represent you is your decision, however if you are considering litigation--filing a lawsuit----then I recommend that you at least consult with a lawyer about this and get an opinion from him if he recommends that you pursue this matter, as well as the pros and cons of doing so. I understand that you believe the offer by the adjuster is too low---and it very well may be---however, consulting with a lawyer (who is independent) to see if he agrees with your thought process could save you time and expenses in the long run. Good luck.
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