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About Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer.
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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You are here: Experts > Autos > Auto Insurance > Auto Insurance Claims > Liens on PIP Settlement.
Expert: Claims Guy - 10/6/2008
Question
After two and a half years, my attorney finally got my case to go to trial for an auto accident. I was the passenger in a car that got hit on the passengers side at 65mph without braking. I suffered 3 broken ribs and my head hit the windshield breaking the glass and causing me to be scarred. I am a juvenile diabetic and as a result of the accident my diabetes was significantly effected to where I am now an uncontrolled diabetic with several other complications as a result of my high blood sugars and not being able to control my sugar levels. The Case Evaluation team awarded me 14,300.00 I accepted the award and Farmers Insurance company, the drivers insurance company, refused. It went to trial. Before the jury came in the attorneys settled at 10,000.00. I agreed because prior to the court date I was sent a letter from my attorney, which I now quote from:
"We must notify the Case Evaluation office by June 2, 2008, 28 days after the Case Evaluation Hearing as to whether you reject or accept the Case Evaluation Award. If both parties accept the award, the case settles for that amount. If any party rejects the award, the matter goes to trial. Generally, if the party that rejecs doesn't come within 10% less of the rejected award, then they have to pay the others actual costs and attorney fees from the date of case evaluation accept/reject date through the end of trial."
I am being told by the law office that the 10% rule does not apply since my case did not go to trial. However, the judge came in, the court was called into session. The attorneys agreed to settle at 10.000.00. I accepted that amount, because of the above mentioned letter, thinking that since the settlement offer from Farmers was far less than ten percent they had to pay my attorney fees and costs. My question is, even though the jury was not called in, didn't my case go to trial? Also, The letter never stated that to get those fees paid that it had to go to jury trial. How can a PIP settlement be allowed to pay off leins when it is intended to pay those who helped to take care of me. I have a Lien out on money borrowed from the anticipated settlement, another attorneys lien who started the case and a lien to child support. What is really going on?
Richard Twist
Answer
OK, you've asked several questions....
"My question is, even though the jury was not called in, didn't my case go to trial?" - Since the case settled, the 10% legal fees issue is not applicable. In this case, you settled for $4500 less than the original amount. So the insurance company was successful and they would not be asked to pay any legal fees. They would not be punished for winning. If you feel your attorney did not explain things to you, you might have a malpractice case againts him/her. You could talk to another attorney who handles malpractice cases to see if you have a case.
"Also, The letter never stated that to get those fees paid that it had to go to jury trial. How can a PIP settlement be allowed to pay off leins when it is intended to pay those who helped to take care of me. I have a Lien out on money borrowed from the anticipated settlement, another attorneys lien who started the case and a lien to child support. What is really going on?" -- Again, if you think your attorney mishandled these issues, talk to a malpractice attorney.
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