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I hate frivolous law suits.

D1gger

Diamond Member
Aarrrgh I hate fvcking lawyers and insurance companies!!!

I run a small construction company, and recently we received notice that a liability claim had been made against us as the general contractor. The engineer who designed the project and a sub-contractor responsible for a portion of the project were also named in the suit.

I reviewed the claim and notified my insurance company who assigned a lawyer to act on my behalf. I fully briefed the lawyer, who agreed that we had no liability, the project was constructed exactly as designed, and was fully functioning at the time of the traffic accident. His opinion was that the accident was simply the fault of the guy who filed the claim.

So fast forward to today and the lawyer calls to tell me that he had been instructed by my insurance company to settle this action and that all three parties threw some money into the pot and the claim was settled. My insurance kicked in $10k, of which I will be responsible for $5k as my deductible, as well as any impact this will have on next year?s renewal rate.

The only reason they settled was because it would cost more to take it to trial to fight it than it cost to settle, so they spend my money without me having any say. I wasn?t in a position to fight this myself, but I sure hate it when this guy walks with some money in his jeans for being stupid enough to crash his car, and then filing a law suit.

\rant
 
No win situation here...you were going to pay the $5K anyway (unless the guy dropped all claims against you). Take to trail, you pay $5K (even if you win). Settle, you pay $5K and your insurance company loses much more.
 
why do hate the lawyer again? it seems to me his client is the insurance company and he is doing as they wished.
 
every time I think of a stupid lawsuit I get irked at the things people get away with suing for... then I think what would happen if the opposite was true and people had no say, 'no day in court' and figure it's probably the lesser of the two evils.

Care to share any more details about what was built/etc if you can? And could you have forced your insurance company to fight/can you not pay?
 
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.
 
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

OP hates you. Run!
 
Originally posted by: RKS
why do hate the lawyer again? it seems to me his client is the insurance company and he is doing as they wished.

The lawyers for both sides win in this settlement. They both get all of their fees and take no risk. They love to work these insurance claims because they spend hours and hours preparing for trial/settlement negotiations to run up the bill and then have a nice friendly chat with the opposing lawyer and settle.
 
Originally posted by: D1gger
Originally posted by: RKS
why do hate the lawyer again? it seems to me his client is the insurance company and he is doing as they wished.

The lawyers for both sides win in this settlement. They both get all of their fees and take no risk. They love to work these insurance claims because they spend hours and hours preparing for trial/settlement negotiations to run up the bill and then have a nice friendly chat with the opposing lawyer and settle.

Spoken like a non-lawyer 😉

MotionMan
 
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I know this is how the world goes around, and trust me, I have been on the other side receiving a settlement when the insurance company didn't want to spend the money to defend a case I made against an engineering company. I just hate it when the case is entirely frivolous.
 
Originally posted by: D1gger
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I know this is how the world goes around, and trust me, I have been on the other side receiving a settlement when the insurance company didn't want to spend the money to defend a case I made against an engineering company. I just hate it when the case is entirely frivolous.

How is it frivolous? For all we know you built something crappy and it caused an injury to another person. Why should we believe you?
 
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I see you've done some federal appellate work. :thumbsup:

 
Originally posted by: AnyMal
It's hard to be sympathetic when details are not known

The guy was driving his car late at night and turned through a new intersection that we had built. It was raining, and he claims his tires slid on the wet rail tracks that crossed the intersection at an angle and he slide into a concrete lane divider. He claimed that the rails were not installed properly, and the crossing was not smooth enough. He has no data or expert opinion to support that. The work had been previously inspected and accepted by the professional engineers and track owners. The rail company had been using the track for over a year and had no concern or complaints regarding the rails and there have been no other accidents. There is no suggestion even now that there needs to be any remedial work done or that there is any problem with the intersection.

edit for spelling.
 
Originally posted by: AgentJean
Can your insurance company do that? Make you pay part of the settlement if you do not agree with it?

Yep, the owner of the place I work just had something verrrrrrrry similar happen to him 3 days before the statute of limitation. Insurance company said ****** it and just handed out the money.
 
Originally posted by: RKS
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I see you've done some federal appellate work. :thumbsup:

Linky?

MotionMan
 
Originally posted by: MotionMan
Originally posted by: RKS
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I see you've done some federal appellate work. :thumbsup:

Linky?

MotionMan

There were two opinions, 1 published, on LexisNexis (Lexis).

 
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

no ******. they capped non-economic damages at $250,000 here in texas and now, not only are all the plaintiffs lawyers out of jobs but all the insurance defense guys are out of jobs too.

we do have ~33% more doctors applying for licenses here than previously, however. fat lot of good it does, though, when the licensing board can't process that volume of licenses.
 
Originally posted by: ElFenix
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

no ******. they capped non-economic damages at $250,000 here in texas and now, not only are all the plaintiffs lawyers out of jobs but all the insurance defense guys are out of jobs too.

we do have ~33% more doctors applying for licenses here than previously, however. fat lot of good it does, though, when the licensing board can't process that volume of licenses.


Let us know if malpractice insurance goes down in Texas as this was the intent of capping the awards.
 
More and more reason to have "Loser pays" policy.

If you file a frivolous law suit and lose, you pay your legal crook fees and the legal crook fees for the people your suing. You also pay all court fees involved. Then the majority of settlements will be a thing of the past, unless of course the defendant knows they are in the wrong and would loose big time in court.

This policy would also level the playing field between corproations with unlimited legal funds and people/orginazations who don't have such resoruces.
 
Originally posted by: RKS
Originally posted by: MotionMan
Originally posted by: RKS
Originally posted by: MotionMan
Welcome to a small glimpse into my world.

I am an insurance defense lawyer. (I joke that without frivolous lawsuits, I would be out of a job.)

MotionMan, Esq.

I see you've done some federal appellate work. :thumbsup:

Linky?

MotionMan

There were two opinions, 1 published, on LexisNexis (Lexis).

What are the case names? (I can only think of one case that you could find online and none of the appeals were in Federal Court.)

Thanks.

MotionMan
 
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