When Cases Don’t Settle: Facts about Litigation

What if the insurance company won’t consider a settlement?
If you and your accident attorney are unable to agree on a settlement figure with the insurance company, a lawsuit can result. This means your case will be litigated in court.

The case is usually brought against the person (or people) responsible for the accident. Sometimes the insurance company, itself, is the defendant if a motorist was uninsured or underinsured.

What makes a case enter into litigation?

Each case is different, so talk to your accident attorney about your specific one. However, reasons for a settlement falling through include:

• The insurance company thinks that you are asking for too much money for the claim, or more money than they want to pay.
• The insurance company thinks that the legal responsibility (also known as “liability”) for the claim is shared by you, or is completely yours.
• The insurance company forces claimants to go through lawsuits because it is “part of their policy” to resist paying claims.
• The insurance company wants to put off paying the claim in hopes that you will settle for less money.
• The insurance company thinks you were a) not really hurt, or b) not hurt as badly as you say. They want to put you through the hassle of a lawsuit in order to “prove” your injuries really exist.

Want to know more about litigation?

The Law Offices of David P. Kashani, APLC can be reached at (323) 782-9605 for further discussion on litigation. Contact us today and we’ll be glad to help you out.