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Insurance companies and tort reform advocates often argue that plaintiff injury accident lawyers and their injured clients are running up the cost of car insurance and generally making it more expensive for all Americans to live. Not true. This is a story of a recent interaction we had with Progressive Insurance which demonstrates that insurance companies and their unreasonable positions are largely to blame for the increasing cost of auto insurance.
We recently submitted a demand package on behalf of a client who was injured after being rear-ended at a stop sign. Simple case with no liability dispute and limited and reasonable medical treatment for a few weeks to care for our client's sore back and neck.
Our client's medical treatment totalled approximately $6,000. Progressive Insurance's offer was $6,500 on a take it or leave it basis. They would offer no more money.
Fine. Although Progressive and other insurance companies think they are the final decision makers as to the value of personal injury cases in California, they are not. Juries here in San Diego and elsewhere throughout the State are the ones who ultimately must decide what a case is worth and how much compensation the injured victim will receive. In these cases, we immediately file a lawsuit and serve the defendant with a copy of the complaint, summons, and a letter which nicely explains that we are sorry to involve them, but their insurance company refused to deal with our office fairly. Now the defendant will spend time at deposition and ultimately at trial while Progressive Insurance will spend more defending the lawsuit than it would take to settle the claim--and then they will still have to pay the jury's verdict.
And somehow plaintiff's lawyers and their clients are blamed for increasing auto insurance rates. Go figure.
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