Insurance Perspective
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nsurance companies have to take the Las Vegas drunk driving car accident case far more seriously than a Las Vegas car accident without alcohol involvement. Car Insurance Companies have a duty to protect the drunk driver who caused the car accident from being sued by the victim's lawyer if at all possible. Typically, the injured victim's lawyer will present a settlement demand laying out all of the damages to which the injured person is entitled. It is customary to include a time limit to respond in the 15 to 30 day range. The insurance company must evaluate the case and make a good faith offer to settle in an attempt to prevent a lawsuit from being filed against their insured driver for the Las Vegas Drunk Driving Accident. If they fail to act in good faith when the obligation to settle the claim within the policy limit is clear to a reasonable insurance adjuster, the insurance company for the drunk driver can become responsible for the money damages awarded by a jury in excess of the policy limit. This is known as Bad Faith claim handling by the insurance company. Jack Bernstein personally worked on a case where State Farm Insurance Company insured a drunk driver with $100,000 of insurance coverage. They failed to offer their policy limits timely. The Plaintiff was struck from behind and underwent a neck surgery. The offer to settle for the $100,000 policy limit was revoked by Jack Bernstein, Esquire after the time limit ran. A lawsuit was filed against the drunken driver, ultimately resulting in a settlement of $750,000 immediately prior to the jury trial. State Farm paid $650,000 above their policy limit for failing to realize that drunk driving is to be taken very seriously in settlement negotiations. Jack Bernstein worked on a second case where the insurance Company failed to take into account the drunk driving effect on a verdict. A small offer was made in the $5,000 range for injuries consisting of mainly two fractured ribs and a short hospitalization. The insurance company offered the policy limits for the first time during trial. The Plaintiff rejected the offer. The jury verdict was $450,000 and attorney fees were awarded of $150,000 under the offer of judgment rule. The insurance company paid $600,000, which was $500,000 over the insurance policy limit purchased by the insured drunk driver.
Las Vegas and other Nevada juries tend to get angry at drunken drivers and have a tendency to award money damages that are on the high end of the standard evaluation. The amount of money damages normally awarded to a victim of a Las Vegas car accident is much higher when a drunk driver is involved. The insurance company has to consider that the defense attorney badly positioned in front of a jury to try and justify the drunk driving or to attempt to minimize the personal injury damages and losses. If there is a surgery or a death, the insurance company better come to terms quickly and pay up or suffer the threat of a run away jury award. Insurance companies will usually try hard to pay all out of pocket expenses, including every penny of the rental expense, lost wages and medical bills to avoid a lawsuit when a drunken driver caused the accident. If a lawsuit is filed against a Las Vegas drunk driver, the insurance company will normally send a letter to their insured driver telling them that the insurance company will not be responsible for the punitive damage award or for an award of money damages in excess of the policy limit. Many times the Las Vegas drunk driver who causes a car accident and personal injury will hire a personal lawyer, separate from the lawyer appointed under the insurance policy to protect their interest. Normally the Las Vegas drunken driver must hire a criminal defense attorney. The personal drunk driver's lawyer can put pressure on the drunk drivers insurance company to pay the maximum possible amount of money damages to avoid a trial against the drunk driver where punitive damages could be awarded that are not covered by insurance. Punitive damages are not normally allowed by law to be covered by insurance. We as a society (and the law follows social norms) do not want someone who injures another with gross indifference to their safety to have their insurance pay for the personal injury and damages. We want the Las Vegas drunk driver to be punished and to pay for the punitive damages out of his or her own savings or earnings.
Attorney Jack Bernstein has twenty five years experience dealing with insurance companies on drunk driver cases. We would be honoured to represent you and your family for personal injuries, death or other damages caused by a drunk driver in a car accident. It is important to send a strong message to insurance companies so that they pay top value for personal injury and damages caused by Las Vegas drunk drivers. This will help pressure insurance company underwriters to force people who have had a Las Vegas drunk driving car accident to attend courses and show proof of rehabilitation to purchase their insurance.
