James River Insurance Company was founded in 2002 and is currently operating in all 50 states. The company quickly became one of America’s most successful insurers, providing a vast array of coverage such as healthcare, property, casualty, and professional liability. In recent years, they were chosen as the insurance provider for Uber and Lyft, which was undoubtedly one of their biggest windfalls. With their massive client list, there’s a good chance you will be dealing with James River if you’ve filed a claim for bodily injury or property damage.
If you’ve received an offer from James River on your insurance claim, we’re willing to bet that it’s not quite what you were hoping for. Unfortunately, this is usually the case when a victim demands monetary compensation for their injuries. It’s frustrating and stressful, but there are ways to handle the situation and recover the damages you deserve. We will cover some of those methods in this article, but we can only provide general information that may or may not apply to your case. Additionally, you may have other questions about your rights and legal options that need immediate attention. The lawyers of Normandie are happy to address to all your concerns during a free consultation.
How to Respond to a Low Settlement Offer from James River
We’ve been taught that you should speak up if you’re not happy with something, but there’s a right and wrong way to go about it when it comes to an insurance claim. First, please resist the urge to call the company when you’re not in the best frame of mind. Insurance companies are counting on you to do this, as they can use it against you to invalidate your claim or pressure you into agreeing to their offer. Instead, focus on the fact that this is standard practice for James River, as their goal is to save their client’s money. They can only do that by denying your claim or paying you as little as they can get away with.
Next, think about what the insurance adjuster said in their offer letter. Are their statements factual, or at least, reasonable? Did you have any liability or shared responsibility for the accident? How far off is the offer from the totality of your economic and emotional losses? If you’re not sure about the answers to these questions, that’s perfectly normal. Frankly, these questions are difficult for most people to answer, which is why you should contact our office as soon as possible.
Our personal injury lawyers can help in many ways if you’ve received a low settlement offer from James River Insurance. They can help you respond to the offer letter and deal with all future correspondences between you and the insurance company. At this point, any communication between you, your lawyer, and James River will most likely be in writing. The process will start with a counter demand letter, where you will state an amount that’s acceptable to you and the reasons behind your demands.
What to Include in a Counter Demand Letter
First and foremost, a demand letter to James River should be polite and professional, without anger or accusations. You can start with a statement clearly indicating that the offer is unacceptable. Then, follow up with the following information:
- Any statement from the adjuster’s letter that you wish to dispute, such as inaccurate or false information.
- A specific amount that you believe to be a fair settlement.
- Evidence to back up your settlement request, such as medical reports, proof of work absences, and bills for therapy sessions.
Again, it’s best to work with a lawyer, who can help you calculate a figure for the full value of your damages. This can be tricky with non-economic damages like emotional distress or pain and suffering. The lawyers of Normandie will be happy to guide you in this area and ensure that your demands are backed by strong evidence and sound legal arguments.
Length of Time to Negotiate a Settlement
Once you send off the counter demand, that’s when the real work begins. It will take a few weeks, but James River will most likely respond with another offer. If the offer is closer to what you were asking for, this is a good sign that they are willing to negotiate and settle things without a lawsuit. There’s no limit to how many times counter offers can go back and forth between you and James River. But there are two things to keep in mind:
- The company must act in good faith during the negotiation process.
- You want to leave yourself enough time in case you need to file a lawsuit.
Let’s talk about the first point regarding good faith actions. When you are negotiating with an insurance company, they must be actively working to reach an agreement with you. For example, James River cannot use delay tactics or mislead you on your rights and legal options in order to pressure you into a settlement. Those are acts of bad faith, and you do not have to put up with them. One option your lawyer will suggest is to file a lawsuit and sue the responsible parties for your physical and emotional injuries. That brings us to the next point – making sure there’s enough time to file a lawsuit.
In California, there is a statute of limitations on how long you have to seek monetary damages. This is known as statute of limitations, and that time period is 2 years for most cases of bodily injury and wrongful death compensation. So if you miss the 2-year deadline to file a lawsuit, you may lose the right to sue for damages, even if you have a strong case. This is something our lawyers always keep in mind when we are negotiating with an insurance company. Generally, if negotiations have gone on for 6 months to a year and we’re no closer to a settlement, it may be time to pursue a lawsuit.
Filing a Personal Injury Lawsuit
Two years may seem like a lot of time, but it’s really not when it comes to filing a lawsuit. At that point, the burden of proof to recover your losses will be higher than what it was during the negotiation process. Further investigations, more medical assessments, and additional witness testimony may be needed to build a case that will meet the court’s expectations. These actions can take a year or more to complete, which is why it’s crucial to start the lawsuit process in a timely manner.
To learn more about the lawsuit process for your type of accident, contact our office and schedule a free consultation with one of our attorneys. We look forward to assisting you and doing all that we can to recover the damages you’re entitled to.
Filing a Complaint with the California Department of Insurance
We mentioned bad faith actions by an insurance company and how they can necessitate the filing of a lawsuit. But many clients also want to know if they can file a complaint with a regulatory agency. If you’re interested in reporting bad faith actions by James River, you can file a complaint with the California Department of Insurance. For a successful complaint, you will need to prove that the insurer failed you in one of the following duties, which constitutes an act of bad faith:
- Duty to investigate
The insurer failed to conduct a proper and timely investigation, or engaged in other tactics that caused significant delays in your claim.
- Duty to settle
James River failed to take reasonable measures in order to negotiate a settlement, which would have been beneficial to all the involved parties.
- Duty of reasonable basis for denying a claim.
The claim was denied by the insurance company without a clear and reasonable explanation. Alternatively, the insurer is imposing unreasonable conditions as a way to avoiding paying on your claim.
- Duty to indemnify
The insurer has not paid a judgment or a settlement that both sides agreed to in a timely manner, or in the amount of time that the payment was promised.
- Duty to defend
The insurance company is refusing to defend a client against a claim that was filed against them, even though their coverage provides for all defense-related costs.
Clients who are interested in filing a complaint have also asked us, “Can I sue James River Insurance for acting in bad faith?” Yes, you can sue an insurance company for bad faith tactics, though you should discuss the pros and cons of such a lawsuit with your attorney. These lawsuits are incredibly complex, and you can be sure that the insurance company will fight hard to deny your accusations. But there are times when a bad faith lawsuit is appropriate, which our lawyers will be happy to explain to you.
To learn more about the process of filing a bad faith insurance claim, please give us a call at our office.
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Free Second Opinion
Perhaps you’re working with a lawyer already, but you don’t see eye to eye on your settlement offer, which you believe is too low. Your lawyer, on the other hand, feels that it’s a good offer and is pressuring you to settle. Should you do what your lawyer says, or should you look for another attorney?
If you are struggling with this dilemma, please contact us right away to schedule a free second opinion. Clashes between clients and attorneys are not uncommon, and sometimes, it’s simply a matter of personality differences. But disagreements over a low offer is a serious matter, as an inadequate settlement can affect your ability to recover from your accident. During a second opinion consultation, one of our lawyers can evaluate your case and determine if the offer is reasonable for the harm you’ve suffered. If not, they will explain the actions we can take on your behalf and the terms for transferring your case to our law firm.
As for the transfer process, we’ll take of all the necessary steps so you won’t have to worry about a thing. However, your consultation is free no matter what you decide, no there is no risk in giving us a call and scheduling a free second opinion with one of our attorneys.
Our Zero Fee Guarantee
Injury victims need legal representation when they’re being taken advantage of by an insurance company. Sadly, many of them give in to the insurer’s offer instead of retaining an attorney who can fight for their rights. Inevitably, they’re worried about the legal fees associated with high quality representation, which we can certainly understand. However, you won’t have to worry about that when you choose Normandie Law Firm. We offer a Zero fee guarantee, so there are no upfront costs to you at any point in your case. Our payments are deferred until you receive your settlement, and if we fail to recover your award, you will not be responsible for a single penny of our fees. That’s our commitment to you no matter long it takes to resolve your case.
All you have to do is contact our office and schedule a time to speak with one of our lawyers. We look forward to advising you of your rights and negotiating the settlement you’re entitled to. Our lawyers are equally committed to injury victims with a pending claim or lawsuit. If you’re unhappy with the way your case is being handled, don’t hesitate to schedule a free second opinion with one of our attorneys. Our Zero fee guarantee covers you as well, so the only way we get paid is if you get paid.
For more information on how to resolve your injury claim with James River, contact our law firm as soon as you can.
