Assignment of Damage Claim (Personal Injury)
I'm having a serious legal problem, and I need the help of an Attorney. A friend of mine was involved in a serious auto accident which required surgery. Every and all ''Claim'' that he had with the individual and the company this individual worked for was permanently ''Assigned'' to me; thus causing me to become the Assignee. This friend of mine and I entered an agreement which was witnessed by a fellow countryman of his, and notarized by a Notary Public. Unfortunately, as time went by, this friend of mine had a change of mine. He decided to take away from me the permanent assignment he gave me in exchange for money, services, etc. As stipulated in the Assignment of Damage Claim, the Assignment is permanent and as such, can't be reversed and now he's trying to do just. For a while I was negotiating with the insurance company of the individual/company that injured my friend. They offered me an initial settlement of $50,000, and was rejected on grounds that it was not enough. They came up with a second settlement offer between $75,000 - $100,000. The second settlement offer too was rejected on grounds that it was not enough. From all I've gathered, this ''Claim'' is worth approximately $350,000. Can someone help me... PLEASE?
1 Answer from Attorneys
Re: Assignment of Damage Claim (Personal Injury)
If I understand you correctly, you're the assignee and don't think the insurance company is offering you enough.
You need to find out what the limits are for the insurance policy. If it's not high enough to pay the claims you're going to have to go after the tortfeasor (person responsible for the accident) too.
You need to be able to prove the worth of the case. You can use jury verdicts, medical reports, etc to convince them.
You can also try mediation or arbitration.
I can be reached at [email protected] or 253.884.8484, but not until Monday.