Law Technology

Adjuster Law: But Your Guy Didn't Die

I have a case that came in not too long ago. Single car wreck. 11:30 p.m., the car's right tire goes off the edge of the road and the driver over corrects, swerving back and forth trying to get control of the car. The car eventually hits a concrete culvert and flips 3–4 times, finally coming to a rest upside down in a cornfield.

My client is the passenger. He was buckled in and looking for the driver. He came to and was able to drag himself out of the car. Frantically looking for the driver, he finally found him 30–40 feet away from the car in a twisted mass. Dead.

The driver was a friend of his. Someone quite a bit younger, that he had been living with for three months, working with and mentoring in his trade. Dead.

My guy had the initial ER bills, four weeks off work and minimal follow up to that point, because he couldn't afford the doctor's bills. I called the insurance company. They had the state minimum policy limits of $25,000 with an additional $25,000 for UIM.

I figured that this was more than enough to get to the $50,000 and called them to check on their feelings. 'Oh no…..that's not nearly enough.' Not enough to get to the $50,000? 'No……Not enough to get to the $25,000.'

But this is a very serious fatality case. It was his roommate, friend and co-worker. 'Your guy didn't die. We consider this a soft tissue case and nothing more'.

Wow. It's breathtaking.

The insurance company is of course Allstate.

Full post as published by South Carolina Trial Law Blog on December 02, 2009 (boomark / email).