Tripling The Offer From A Heartless, Evil And Greedy Insurance Company — Part 2

Editor’s note: Names and details have been changed to maintain confidentiality.

Annika Strandhed — a nod to the PBS series “Annika” — suffered a painful injury in a rear-end vehicle collision that occurred in Odenton, Maryland, in 2017.

On a sunny and dry Friday afternoon, as rush hour ebbed, Strandhed was waiting for three vehicles in front of her to clear a traffic circle when she was struck from behind. There appeared to be no warning, no horn, no screeching brakes. Her body was propelled forward, and her head hit the steering wheel.

Strandhed was dizzy, shaky and disoriented. She feared collapsing, so she remained in her car. She was upset and alone. Her husband had recently died, so she called a lifelong friend who drove to Strandhed’s aid.

The following day, Strandhed saw her doctor. She had two head MRIs, both of which were negative for structural and anatomical abnormality. She incurred approximately $2,400 in medical expenses. Because she was retired, she suffered no lost wages.

During a 12-month recovery period, Strandhed experienced headaches, nausea, dizziness, difficulty concentrating, and noise and light sensitivity. She sustained a permanent knot above her left eyebrow.

Strandhed hired us a month before the statute of limitations would have tolled in November 2020. The at-fault driver, 18-year-old Popeye Jones, was driving an SUV that was insured. We knew the insurer would refuse to negotiate unless we filed a suit immediately. We did so at the height of the COVID-19 pandemic when civil trials were practically halted.

We assembled medical records, the accident report and other relevant documentation. After discussion with Strandhed, we valued the case at $20,000. Valuing injury claims is more art than science. We knew that our client would make an excellent witness. She’d had a difficult road to recovery, and the knot on her forehead was the size of a plum pit.

We wrote to the insurance company, offering to settle for $29,000, slightly higher than our initial valuation. After 18 months of unreturned calls and two months before trial, I finally heard from the insurance adjuster. The adjuster disagreed with our valuation and offered $1,500 for Strandhed’s troubles.

One month before trial, the insurance company’s attorney called to increase the offer to $6,000. I discussed the offer with Strandhed. It was well below reasonable, but we eventually decided to see if they would agree to $15,000. The insurer refused. The case would proceed.

After repeated delays due to the pandemic, the trial was held last year in district court. Strandhed was tough and tender. She testified that she suffered for a year with dizzy spells, headaches and difficulty concentrating. Without the accident, she would not have had to endure the challenging road to recovery, interruptions to her routine or the knot on her forehead. We asked for $27,500 in the closing argument. The judge awarded $20,000, the value that we had assigned two years earlier.

The moral of the story is that injured motorists do not have to accept low offers from insurance companies. Folks can go to court and have a judge or jury properly value their losses.

If you or a loved one are injured in a motor vehicle collision, you should consult with an attorney who is familiar with personal injury law and who will assist you in making informed decisions. David Diggs is experienced in negotiating with and litigating against insurance companies. He has recovered millions of dollars on behalf of the injured. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189 or by emailing david@diggslaw.com.