just settled a case in mediation vs ACCC with 12k in meds for $9,600.00. the mediator said if they offer more than 9,900 the adjuster has to write a report and that she wasn't going to do that on a chiro+mri case because she would get bitched at. Themoron is this true? i don't think the mediator was lying, but i also am not 100% sure i didn't get fucked.
I deal with them a lot and have never heard that. I do know that their adjusters have a set authority amount that they have access to without having to go up the chain, but that's been more than $9,900.00 in my experience. That might be what they were talking about.
Set amount, but it might vary by the given adjuster. Also, that doesn't mean that they'll just offer it up. They just can without having to get approval.
Adjusters have different tiers of authority amounts depending on the line of business in my experience with the 3 companies I'm most familiar with. A lot of them don't like going up the chain to get additional authority over what they initially evaluated it at, especially in mediations.... because most of those cases are reviewed with directors and VP's prior to the mediation to get the authority. Small case like yours gallant, she probably just didn't want to ask her boss for more money.
That is what I figured. My client said he would be happy with anything over 1,000 and didn’t want to go to trial under any circumstances so we were basically taking whatever they offered
I spoke to an adjuster with desk authority of $9,999.99 yesterday. Really annoying because she was suggesting the same thing that she wouldn’t go to her supervisor. Gonna force her hand on that though. All depends on the adjuster, insurer, insured, etc. When I did defense work, my favorite adjuster had desk authority of $70k. Made our lives really easy.
Got a future medical projection in a comp case that was like $500k submitted a demand and opposing counsel said they were just going to leave medicals open . facepalm
Mother is in icu in coma, will be for awhile if she makes it I have power of attorney So logistics question Can I just write checks for her bills and sign my name ? I know her credit card will be due and the electric Mortgage also
Thanks It’s all part of life, we all die It was sudden but she is 80 so it’s not a total shock I know where she is going My main stress is the bills, she has more than enough to pay them I just was not sure how to
very sorry to hear that. i don't know the answer to the above, but if it's not looking great you should look into who is the executor of her will, as a power of attorney expires when someone dies. do you know who is executor of her estate? Because that POA prob expires if she dies
I am I am the only child, she did her will, poa and living will years ago If she died our lawyer (hers too) would take over and do what ever paperwork I know he did a lot with sheltering the money
I hope your POA is notarized and comes from a legit source. I've seen a million POAs and a lot of them are not what I would call official.
Offer before mediation was 1,200 I have a decent relationship with the ACCC attorney, in Houston they’re all salaried employees of ACCC, and he said they’ve been settling 9/10 cases at mediation Other option was to spend a bunch of time getting ready for trial and hoping they offered that like a week or two before
I've got an out of town mediation on Friday. The Plaintiff now lives out of state, but used to live where the case is pending. She overtreated and has completely unrealistic expectations, so I'm not all that optimistic about getting it settled. But, she does have a lawyer who I know has no desire to try it, and doesn't really know what he's doing. I thought that was really our only hope at a successful mediation, but I just found out that the plaintiff will not be present and will instead by appearing by phone. What an incredible waste of time.
yep; the case was in montgomery county, texas, which might be the most conservative county in the state. harris county, where houston is, isn't much better.
Trade offs for different places I guess. In most of the counties where I practice, you can get a $5,000 offer even if the wreck didn't happen.
Ha! I've paid more than that on a tractor trailer accident that didn't happen in your neck of the woods.
I had a decent case one time with a little tag along that didn't seem quite as good, but it was plausible--issue over insurance coverage. When finally got all of the documentation, not only was the client absolutely full of it, but the thing he was arguing about was about 10 years passed the statute of limitations, he just didn't know it had happened. Still ended up getting several thousand offered just because of where it was.
wes tegg were you ordered to mediation? we object to mediation a decent amount here when the judge orders us to go.
We got ordered to mediation (which will be the third in the case, with our third separate mediator) yesterday, with a mediation deadline of July 6th (next Friday). Jury selection is July 9th, and trial starts on the 10th. The order came out of the blue, and was followed up with by a letter from the judge stating in its entirety "Please be advised that I am requiring the insurance adjuster to be present during the mediation." Anyone heard of such a thing?
We weren't ordered to it. The mediator is really, really good, so I thought it was worth a shot when Plaintiff's counsel floated the idea pretty close to the last trial setting. But, the mediator's ability is extremely hamstrung by the plaintiff's not being there. Not really worth canceling it at this point, but I'm not expecting to be there for very long.
The parties were $4 million apart at the conclusion of the last mediation at the end of April, and nothing material has changed in the case, so I expect we're trying it, too. I am concerned that this and few other developments might cause the trial to be continued, which would piss me off.
Here, you'd be fucked. They'll continue anything. It's gotten brutal. I have four cases get continued on Plaintiff's motion in 2018. Three were before I had time to file an opposition. The other one Plaintiff's counsel didn't even bother to tell me he was filing it on the Friday before.
We were set in May and agreed to pass because the judge told us we wouldn't be reached due a special setting. The parties couldn't agree on a new trial date, so we filed motion for special setting in the first available month that our experts were available, October. Plaintiff opposed and sought a July setting, which the court ordered, despite the fact that two of our properly disclosed expert witnesses were not available. So now that we've worked around that issue and are ready to go, it will be ironic if the plaintiff or the court push this thing off, which is what this is looking like to me.
In Houston you basically get 2 continuances that the judges will auto grant. On the third you may have to show up and ask in person but they’ll grant that too
Mediation is always a waste of time without a good mediator. Mediators need to be assholes to all parties involved.
Yes. It's why typically you can settle most cases with a motivated ACCC adjuster under $9,999.99. All reps have authority of $9,999 at about 6 months and there is no review process UNLESS it gets tagged low speed impact at report!!!! Any BI settlement at $10k or higher is considered a High Value claim because $10k is a lot of money to ACCC. It gets reviewed by multiple jack asses in Houston before they reply back with Authority. The process on the rep requires the most ridiculous and time consuming documentation imaginable. Would have never gotten authority at mediation if the rep didn't have it before he/she arrived. To summarize, 99% of ACCC adjusters can settle claims at $9,999.00. No adjuster has desk authority over $10k. ACCC is notrun like other insurance companies where they adjust your authority levels as you prove your working knowledge of the business. Yes, the mediator told you the truth. And yes, you are probably still happier than you would be if you were dealing with Allstate as you would be prepping for a trial with not much juice to squeeze.
when I see some of you in the trump thred . it makes you cheap talkers . gave no likes. lost your rep .