Posted On: November 1, 2005, 2:01 pm CST

Posted By: notsolucky

Rob & Ned -
What about a case I'm familliar with:

Auto collision - defendant turned left at an intersection with a green light, didn't notice the oncoming traffic going straight through a green light, and caused a collision.
No one was cited at scene because the officer "didn't feel right" about citing since he did not witness it happen, but his report stated that the left turn was an error that caused the accident. There were injuries to the oncoming driver, requiring tests and PT, and vehicle was damaged.

The man who turned left vehemently denies any wrong-doing - despite much evidence to the contrary, including his lie that he had a green arrow when there IS NO green arrow at the intersection - so his auto carrier denies the claim.
The oncoming driver's medical payment limit is used up and requires further treatment, including the possible need for surgery in the future from the injury caused by this accident. Left-turn driver's insurance won't pay.
What's the injured supposed to do??

The injured not only had to go through many medical treatments caused by this accident, but has to also hire an attorney, pay for experts, pay for copies of records, pay for the treatments still required, etc., and is not likely to see enough of a judgement or settlement to just pay off the legal fees and the subbrogation amount - still stuck paying for future treatments and nothing for the ADDITIONAL pain and suffering caused by being forced into filing a lawsuit to begin with!

To me, this is a prime example of insurance company frivolously defending a claim that did not need to become a lawsuit! (no settlement was offered before or since suit filed)