21. Zach totaled his car in an accident. The insurer offered him $60,000 to replace the vehicle, which Zach rejected. The insurer even went up to $70,000, but Zach stuck by his demand for $95,000. The case eventually went to trial and the jury awarded Zach $65,000. Which of the following statements is TRUE?

Answer: D

Explanation:

Zach will only get the $65,000, because the offer of $70,000 was inadmissible in court.

The jury awarded Zach $65,000, which is the amount he will receive. The previous offer of $70,000 made by the insurer was not admissible in court, meaning it could not influence the jury's decision.

A) Zach can reopen negotiations with his insurer.

Zach cannot reopen negotiations after the jury has made a decision in court. Once a verdict is reached, the case is considered closed, and he is bound by the jury's award.

B) Zach will get $70,000, because that was the last offer given by the insurer.

This statement is incorrect as the jury's award of $65,000 is final. The last offer of $70,000 was not accepted or agreed upon in negotiation, and therefore, does not become the amount Zach is entitled to receive.

C) Zach can appeal the decision to try to get the $70,000 offered by the insurer during negotiation.

While Zach has the right to appeal the jury's decision, he cannot appeal to receive the $70,000 offer since it was not admissible in court, and the jury's decision stands independent of the insurer's offer.

D) Zach will only get the $65,000, because the offer of $70,000 was inadmissible in court.

This statement is true. The jury's award of $65,000 reflects their assessment of the case, and since the insurer's offer of $70,000 was excluded from consideration, Zach is only entitled to the amount awarded by the jury.

Conclusion

The correct answer is definitively D, as it accurately reflects the outcome of the jury's decision and the legal principles governing admissibility of offers in court. Options A, B, and C fail because they either misinterpret the legal process after a verdict or incorrectly suggest that previous negotiations can influence the final awarded amount.