I just hung up with an adjuster from Erie. One thing I can say about Erie is that the Erie adjusters – particularly in larger cases – are pretty sophisticated. Agree or disagree with them, they are usually very sharp. Their defense lawyers – Erie relies on Rollins Smalkin a lot in the Baltimore area and McCarthy Wilson throughout much of the rest of Maryland – are very competent and generally easy to deal with on personal injury claims. So when I see an Erie defendant, I expect a worthy but reasonable adversary.
Why Erie Annoyed Me Today
The call was for settlement on an uninsured auto accident case. The client lost $48,000 in wages and $71,000 in medical bills. The Erie adjuster does not question the legitimacy of the wages or the medical care rendered. Instead, she wanted to know whether my client had been paid for the lost wages and the amount of his medical liens. She called these “the big unanswered questions in the case.”
I explained that none of these issues were relevant at trial under Maryland’s collateral source rule. The Erie adjuster responded that she thought that we were not talking about trial value, we were talking about settlement. Somehow, I thought these two things were related.
2014 Update: Settling Injury Claims with Erie Insurance in Maryland
Erie generally writes larger insurance policies than you average insurance company. So, all things being equal, Erie is a good draw in serious injury and wrongful death cases for that reason alone.
I prefer dealing with Erie over dealing with the players with larger market share in Maryland. Erie is preferable to State Farm, Allstate, GEICO and Progressive. So, relatively speaking, they are easier to deal with on insurance claims.
My big problem with Erie is that most of their reasonableness does not come until after a lawsuit is filed. Many of their adjusters, like the one discussed above, have very pie in the sky view about how these cases should be valued, that a Maryland jury simply would not share. I have filed suits in a lot of Erie cases where the client’s demands increase as time goes on. One young woman who was very badly injured from the negligence of an Erie insured told me she would be happy with $300,000 which would pay her medical bills and allow her to finish school. I told my client point blank that the trial value of the case was much higher. If I remember correctly, Erie offered $75,000. We went into litigation. My client’s demands changed dramatically because she resented having her life examined with a fine toothed comb as Erie’s defense lawyer was doing. Ultimately the case settled for $750,000.
This best summarizes the problem with Erie. They do not try many cases because they have good senior claims adjuster who understand how personal injury accident claims in Maryland should be valued. But it takes too long to get to these people and it creates work for everyone because Erie’s low pre-suit offers often makes clients file suit who would rather not.
It is worth noting that this commentary applies to dealing with Erie when you are suing or bringing a claim against their insureds in a car or truck accident case. By many accounts, Erie is much easier to deal with when you are making a first part home insurance claim or other claim that is not a motor tort.
- Get more information and tips on dealing with Erie in motor tort claims
- Sample settlement and verdicts against Erie in Maryland that our law firm and other firms have earned against this insurance company
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