Here’s a story that’ll make every hardworking Missourian raise an eyebrow: an insurance company tried to save a few dollars and ended up paying five times their policy limit. Spoiler alert: it didn’t go well for them.
A Quick Lesson in Common Sense (and the Law)
In Missouri, insurance companies have what’s called a fiduciary duty to their insureds. That’s just a fancy legal way of saying, “Hey, you have to look out for your policyholder’s best interests, not just your own wallet.”
Translation? If you pay for car insurance, your insurance company is supposed to protect you, not hang you out to dry just to save money. They have to:
- Keep you informed about any settlement offers or “policy limits demands.”
- Protect your personal assets if someone sues you.
- Treat claims honestly and fairly, instead of gambling with your financial future.
Seems straightforward, right? You’d think so. But every so often, an insurance company decides to play “let’s see what we can get away with.” And that’s when firms like The Pottenger Law Firm step in.
The Accident That Started It All
A few years ago, our client was sitting at a stoplight when — bam — someone rear-ended him. Classic. The other driver’s insurance company quickly accepted fault, but as time went on, our client started to notice shoulder pain. What began as a nagging ache turned out to be a rotator cuff tear, confirmed by an MRI.
This wasn’t a “pop an Advil and move on” kind of injury. It required surgery, rehab, and thousands of dollars in medical bills. The kind of thing that can turn your life upside down fast.
The problem? The at-fault driver only had $25,000 in insurance coverage, which might sound like a lot until you get a hospital bill. It wasn’t nearly enough to cover everything our client needed to recover.
Enter: The Pottenger Law Firm
That’s when the client called Attorney Jason Pottenger and our team in Kansas City, Missouri. Our job was simple: make sure this guy got the compensation he deserved, not the pocket change the insurance company wanted to hand over.
Attorney Jason Pottenger made a policy limit demand for the full $25,000, basically saying, “Pay your max policy amount and we’ll settle this fairly.” That’s the system working exactly as it’s supposed to.
But the insurance company wasn’t having it. They responded, “No, that rotator cuff tear couldn’t possibly come from a rear-end crash. We’ll offer $5,000.”
$5,000.
For surgery, rehab, and months of pain.
At that point, Jason did what any good lawyer (with a backbone) would do: he withdrew the demand and filed suit immediately.
When the Law Caught Up
Suddenly, the insurance company realized they had a problem. Their insured, the person who caused the crash, was being personally exposed to liability. So, they panicked and tendered the full $25,000 policy limits after the lawsuit was filed.
But by that point, it was too late.
Jason knew that by refusing to settle earlier and failing to inform their insured about the policy limits demand, the insurance company had broken their fiduciary duty. That’s called bad faith, and in Missouri, it’s a big deal.
When insurance companies act in bad faith, they can be held responsible for every penny of the damage they caused, even if it’s more than the policy limit. And that’s exactly what happened here.
The Result? Justice Served.
The Pottenger Law Firm negotiated a $125,000 settlement, which is $100,000 more than the policy limit the insurance company thought it would pay.
Why? Because the law doesn’t reward shady behavior.
Our client’s medical bills were fully covered, his financial future secured, and his stress *finally* relieved. The insurance company, on the other hand, learned a $125,000 lesson in what happens when they try to shortchange injured people.
What This Means for You
If you’ve ever felt like your insurance company was dragging its feet, lowballing your claim, or pretending your injuries “aren’t that bad,” you’re not alone.
Insurance companies have an army of lawyers, adjusters, and “experts” whose main job is to save them money, not help you heal. But in Missouri, you have rights. When they cross the line into bad faith, you can fight back.
That’s where we come in.
At The Pottenger Law Firm, we’ve been standing up for injury victims across Kansas City and the surrounding areasfor decades. We know the tactics insurers use, and we don’t play along. Whether it’s a car accident, truck crash, or any other personal injury claim, we’re here to make sure you get what’s fair, not what’s convenient for the other side.
And if you’re wondering whether you can afford a lawyer, here’s the good news: you don’t pay us unless we win your case.
Don’t Wait for Them to “Do the Right Thing”
If you’ve been hurt and the insurance company is giving you the runaround, call us today. The longer they delay, the more they save, and the more you lose.
Let’s flip the script. You’ve paid your premiums, played by the rules, and deserve to be treated fairly.
Call The Pottenger Law Firm at 816-531-6006 for a free consultation. We’ll cut through the insurance nonsense and help you get back on your feet, without the legal jargon or corporate spin.
Because when insurance companies play games, we make sure they lose.
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At The Pottenger Law Firm LLC, our Kansas City personal injury lawyers are dedicated to fighting for the rights of accident victims. We understand the unique challenges faced by individuals who have suffered a serious injury because of someone else’s negligence. We know the costs—financial, physical, and emotional—that victims and their families are left facing.
You and your family should not be held responsible for the considerable expenses associated with medical care, lost wages, and more. Our compassionate and experienced Kansas City personal injury attorneys may be able to help you get the financial compensation you deserve. To discuss your case with us in more detail, contact us today for a free consultation by calling 816-531-6006.
