The motivated offer is a document that must be submitted by the insurer of the party causing an accident. In this offer, which is sent to the aggrieved party, the insurer recognizes the facts and accepts its responsibility with respect to the payment of compensation for the damages generated, material or personal.
As established by law, the term within which the insurer has to present the reasoned offer is three months after receiving the corresponding claim for damages from the affected party.
If within the term of these three months, a motivated offer is not presented and there are no causes that justify it, interest for late payment will be accrued. That is, the insurer will have to be responsible for the corresponding damages plus the sum of those interests for not presenting the offer.
In the same way, it would happen if, once the affected party accepts the motivated offer, the insurer does not comply with the payments within a period of five days.
What Can I Do If I Am Not Happy With The Motivated Offer?
When the injured party does not agree with the offer motivated by a traffic accident filed by the opposite insurer, it will be entitled to request complementary expert reports, such as going to the Institute of Legal Medicine, an action that will be charged to the insurer.
With a new expert report, the insurer will have to submit a new reasoned offer, with a one-month deadline.
If with all of this, the affected party continues to be dissatisfied with the offer, he or she may resort to the mediation procedure within two months of receipt of the reasoned response or the complementary expert reports that may have been requested. This medication may not last longer than three months.
As a last resort, given the impossibility of reaching an agreement and a fair offer, the affected party may file a claim against the insurer, for which he will need the advice and representation of the personal injury lawyers in Pittsburgh.
When to Accept the Offer and When Not To Accept It
In this case, we are going to talk about two concepts, “heaven” and “soil”. Heaven is understood as the highest compensation to which, according to our medical expert, the patient is entitled. If we do not have an expert report that counteracts that of the insurer we can from the medical documentation that gives us deduct what would be the largest claim we could make. The “floor” indicates the worst possible scenario: what would be the lowest compensation that a judge could grant us based on the expert report or medical documentation provided. It is, for example, not to consider as mere sequels manifestations of pain, or not to incorporate as moderate the days in which there is no medical leave. The personal injury attorneys Pittsburgh pa help you out.
If The Soil Is Superior To the Offer Motivated
We should not be afraid to go to trial since it is enough that the compensation obtained in sentence exceeds one euro to the amount offered by the contrary so that we are not imposed the payment of legal costs. If, in addition, our sky is significantly superior to that, the dilemma between accepting the motivated offer of insurance and going to trial should be resolved in favor of the second option, given that we will have enough to win with a reasonably controlled risk.