Lesson from an Anonymous Insurer

It's no secret that plaintiff's attorneys struggle in an ongoing battle with insurance companies to get as much money as possible to line their wallets. Sorry, I meant to say to compensate their clients for all sustained injuries and to better society and make people less litigious.

Before the insurer decides to refer to defense counsel, the plaintiff's attorney will most likely deal with a fierce representative of the insurer who will have no mercy. One of my dear Delta Nu sisters is a litigation coordinator for an insurer in a far away land. She forwarded the story below and it is simply too important and full of life lessons not to share with my fellow attorneys.

I had a low impact accident that happened in a parking lot. MINOR DAMAGE. Two people were injured and racked up over $5k a piece in chiro from a certain well known chiro in that area. For some unknown reason counsel convinced his clients it was time to file suit. This crap lands on my desk and I decide it is one to quickly move. I called and cut to the chase. Two thousand over meds.

Plaintiff's counsel says he will need to discuss with the chiro and figure out the DAS lien and call me back. Twenty minutes later the assistant calls me to "patch me through." I was on hold and annoyed. He says he needs $10k a piece to close it out for settlement. I tell him no, $2k over meds or I pull the offer and hire defense.

I go to lunch and bring back a fancy salad and am enjoying every morsel when the assistant calls me again to put him on the line with me. More hold time and I have a mouth full of salad when he comes on the line. He needs to know my best offer....
um, $2k over meds and I need to pay the DAS lien direct to the state. He will call me back and see what he can do.

At this point my boss is questioning counsel's understanding, since I have to keep telling him the same thing. At the end of the day the assistant calls me back to put me through again and wants $3,500 over meds to make it work. I offer to call the chiro and negotiate the meds and called his bluff.

I then asked him why he is coming back with anything other than a simple accept or reject response. He asked again what my offer is. I asked him if he recalled the multiple conversations we have had where I have told him $2,000 over meds, take it or leave it.

No, he does not recall this as he confesses he has a brain injury! Seriously.

I then told him again, $2k over meds, take it or leave it and I am pulling the offer and defending. He was not sure and would have to call me back. I asked him to stop with the calling back and then the assistant is going to help him crunch the numbers on the divvy up math. He says he cannot do it.

I went for the jugular: Counsel, I will fax you release I expect returned in 24 hours as you and I both know you could not make it through depo. Releases were on my desk the next morning.