New York City Personal Injury Law Blog

Defense Attorney wants to Save something Off the Policy

Posted on May 24, 2015 in Legal Terminology

What does “save something off the policy” mean in terms of personal injury?

The defense lawyer comes to your attorney and says that he has authority to settle your case for $200,000 but he needs to save something off the policy. What does it mean?

Personal Injury Case

Defense lawyers in personal injury cases often try to come out ahead even if the other side gets almost all that they want.

The defense attorney will need permission or authority from the insurance company in order to go ahead and make an offer to you to settle your personal injury case. The defense attorney approaches your lawyer, and says that he has been given authority to settle your case for $200,000. This is exactly the amount you were hoping for, and you are glad that the defense is going to agree to the amount. However, the defense lawyer also wants to save something off the policy.

The Defense Attorney is Trying to Impress the Insurance Company

This only means that the defense attorney wants to appear a hero to the insurance company, and wants to show that he is a better attorney that the attorney that is representing you. He wants to show that he is a tough negotiator, even though he has been authorized to settle for $200,000 if you are willing to accept that amount. He just wants to show that he can bring the settlement down to a lower amount, even if it is $180,000. If the defense lawyer is able to save some money off the settlement, he will look impressive to the insurance company who he works for which he hopes to possibly receive other jobs from in the future.

This could be something that he puts on his resume or list of professional accolades.

Even though the insurance company has already given him authority and permission to settle for $200,000, he can show the company that he was able to decrease the settlement down to a figure below the authorized amount. When the defense lawyer is able to look golden by doing this, he will most likely obtain more cases from the insurance company.

The insurance company will trust this lawyer even more and they will be more willing to give him authority and permission to settle, knowing that he is going to do everything possible to try and save the company some money. They are on the same page.

Should Your Lawyer Agree to Save something Off the Policy

It does not matter, whether it is five hundred, five thousand, or fifty thousand dollars, the key is when the defense attorney comes in and says that he needs to save something off the policy, should your lawyer give in to his request. Your lawyer has to consider three things before he gives an answer to the defense attorney.

  1. Can he trust the defense attorney?
  2. Is the defense attorney trustworthy? Does the defense attorney mean what he says?
  3. Is this attorney someone your lawyer has worked with before and is being honest with you or simply trying to play you for a fool?

You might be wondering if such a thing happens in New York. The answer is that it happens more often than your think.

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