Expert: Richard Hixenbaugh - 7/28/2009

Question
What if the INITIAL offer made by the insured's claims adjuster already reached the bodily-injury policy limit? If my original demand amount was significantly higher than this limit, is there room for continued negotiation with the adjuster (....or can I only negotiate w/in the policy limit)?

As I understand it, I might now have to resort to my own UIM-benefits to meet the demand amount. Wouldn't it be in the best interest of the adjuster to simply resolve the claim, as my own insurance company will only file for subrogation (if I receive the benefits) and seek repayment from the insured? Thanks for your help.

Answer
Hi Melvin,

You can not get more than the policy limit from the at-fault party's insurance company. It's like there is a bank account with X amount in it. When it is gone, it is gone. You can make a UIM claim on your own policy. Your insurance company will not be able to get reimbursed bu the other insurance company. Instead they will have to file suit directly against the at-fault driver if they choose to do so.

I hope this helps
Richard Hixenbaugh