Attorney Tully, Can you give me an example of an insurance company trying to take advantage of one of your clients??
Sure. About 3 weeks ago I was able to settle a client’s slip and fall case for $40,000.
However when I got the release from the insurance company and their attorney I was very concerned with the language in the release.
Because the release required my client pay for the legal fees of the big insurance company we settled with IF anyone in the future made a claim for unpaid bills from the accident.
Usually this involves medical providers and unpaid hospital bills.
What the insurance company was trying to do was shift their responsibility for payment of these medical bills away from them and on to us.
In addition they wanted us to pay for all expenses that would be incurred defending against those hospital bills.
Finally they wanted us to sign a confidentiality agreement in the release.
A confidentiality clause means that the client cannot tell anyone about the terms of the settlement.
If he does he would be subject to a severe penalty for such a breach.
The point of all this is that NONE of those terms discussed above were part of the original agreement.
The original agreement was sign a release of all claims and we will pay you $40,000.
Some folks may say who cares as long as we get the $40,000.
But is that fair to the client?
So I told that to the other attorney.
I further threatened to go into court and file a motion to enforce the settlement and ask for attorneys fees and costs for presenting such a motion.
As a result of that, the insurance company has backed away from their position concerning the release.
In essence the insurance company was trying to take advantage of the victim by changing the terms of the original release.
And that is just not right.
I hope that answers your question.
Get the impression I don’t much like insurance companies?
Pittsburgh wrongful death car accident and settlement attorney Bernie Tully will make sure that any client he represents is protected against these kind of underhanded unfair tactics.
Thanks for reading.
BERNIE the attorney.