[Goergieboy]

I have a minor insurance claim. I am 'plaintiff' they are 'defendant.' We are not in court, just opening claim with their insurance company The other side has legal counsel representing them. In fact, I started with the 'other party,' they directed me to their lawyer, who directed me to their insurance company and now the insurance company has now directed me to the insurance company lawyer. (I got a letter)

I do not have legal counsel representing me. (Only did an initial legal consultation. I did not retain anyone). I just want to make an offer to the other side that I think will save us all grief and time and money. Can I do so directly to the other party (in writing) and not be violating any laws (I don't care if it's 'unadvisable,' I'm just asking if I am prevented by law from doing so)

This is under the laws of the state of Washington.

[ma0641]

Your terminology" Plaintiff and Defendant" refer to a lawsuit. Is this the case? Did you sue them? Why would you want to "save us all grief and time and money". If they are at fault, their insurance will pay and it won't cost you anything. I was just in a small fender bender and the other company was very gracious settling the claim.

[joypulv]

You 'can' do anything you want, but if someone is paying a lawyer, he doesn't want the contact.
So make your offer through his lawyer.

[ScottGem]

There is no law preventing you from offering a settlement directly to the defendant. However, it is not proper protocol and may be looked at badly by a judge. So I would not recommend it.

Did you not have insurance to cover the incident? If so, your insurance carrier should provide legal counsel.

[Goergieboy]

I used 'plaintiff' and 'defendant' only to indicate which side I am on. No, as I said, no court involved yet. Just my informing them of my damage and begin negotiations and a bunch of do-nothing response letter tossing me from here to there.

This is an issue of a liabilty claim. I was personally injured (no car) while off my own property and legally on theirs. I don't know, does my own insurance (homeowners?) cover me for someone else's liability elsewhere when they are insured?

Let me know, please.

[Goergieboy]

And I just want this over sooner rather than later.

[ScottGem]

OK, so you were injured while on their property. Then your insurer may not help, but I would definitely ask whether they will.

Have you filed a claim against their insurer? Presented them with medical bills?

[Goergieboy]

OK, so you were injured while on their property. Then your insurer may not help, but I would definitely ask whether they will.

OK, I did, awaiting their reply. Thanks..

Have you filed a claim against their insurer? Presented them with medical bills?

Yes to both of those. I did all that 2 months ago.

I don't know what their legal is costing them, but I think it will outweigh my claim and I just want to say, hey can we settle for $X and go our separate ways?

[joypulv]

As far as I know, no fault claims do not apply to HO.
You need to contact your HO insurer. You may not even be in a no fault state (where your insurer handles the other insurance company, even if one party was clearly at fault).
I imagine that they will say no.
Then you need to go back to the lawyer, and ask for triple (at least) what your really feel is a reasonable amount. That way if you have to hire a lawyer, you are hopefully covered.
Sad, but it happens a lot that way.

[I was writing all that when you were replying...]

[ma0641]

Property damage is no fault in most states, liability is not. Were you an invited guest? garage sale? Just walking across? They should have med pay on their HO, your insurance does not respond. As Joypulv noted, "So make your offer through his lawyer". Your insurance company does not even have to be involved. Would have been easier to suggest action if we had known this was a liability issue instead of property damage.

Liability is a strange bird sometimes. Your neighbors tree is blown over onto your house through no fault of your neighbor-No liability on the neighbors part UNLESS they had been forewarned of a dangerous condition.

[ScottGem]

I don't know what their legal is costing them, but I think it will outweigh my claim and I just want to say, hey can we settle for $X and go our separate ways?

The problem with that is their insurance carrier may not allow it or reimburse them even if they want to agree. So they aren't going to want to lay out money unless they get reimbursed.

[AK lawyer]

.

Can I do so directly to the other party (in writing) and not be violating any laws (I don't care if it's 'unadvisable,' I'm just asking if I am prevented by law from doing so)

Yes, you can.
No, you would not be "violating any laws". See my comments below.

There is no law preventing you from offering a settlement directly to the defendant. However, it is not proper protocol and may be looked at badly by a judge. So I would not recommend it.
...

To answer the question, yes, OP may talk to the insurance company or the attorney without violating any laws. The problem is that the attorney is prohibited by ethical rules from talking to someone who is a client of another attorney, without that other attorney's permission.

It goes only one way actually. Assuming OP is not a licensed attorney, he/she can talk to the client of the opposing counsel. OC, on the other hand, would not be able to talk to OC (if OP was represented by an attorney).