Legal Question in Insurance Law in Ohio

Insurance settllement for 2 people

My son and I were injure in a rear end collision. The other driver's insurance has offered settlement to me of 100,000, the limits. My med bills are about 70000. My son has bills of about 4000. I would prefer to settle this all at one time. my question is, if I counter-offer to settle including a dollar amount for my son, and it is refused, does that take the initial offer of 100000 off the table? Thanks for your help.


Asked on 11/23/07, 12:29 pm

1 Answer from Attorneys
Michael Brandabur Brandabur Law, LLC

Re: Insurance settllement for 2 people

You should see if the insurance limits are a $100,000/$300,000 policy. If that is the case, you and your son would potentially be able to recover $100,000 a piece for a total recovery of $200,000. The next question would be to see if your own personal insurance has higher limits. If it does, it creates the potential to gain recovery under the Uninsured/Underinsured (UM/UIM) coverage of your own personal policy. Finally, they have made an offer, when you make a "counteroffer" you are really rejecting their offer and making a new offer. Thus, their offer is no longer on the table. As a practical matter, they may still be willing to resolve a settlement with you, at an amount already on the table. But, they are not required to do so. Please contact me should you wish to discuss further.

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Answered on 11/23/07, 1:18 pm


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