Question:
Their driver hit me, 5 months ago to be exact..they didnt even contact me for the first month, I had to call all over and get their number and then call them. I did have to go to physical therapy and a chiropractor for a month. Now, they want to settle, and they only wanted to give me $700.00..is that normal? I negotiated up to 1200.00, and told them I didnt think that was reasonable after all this time and nonsense (esspecially since it affeted my interaction with my 3 month old) and so I didnt settle with that..seems to me I should get more.should I?
Answers:
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The reason they are offering so little is because you never had any diagnostic testing done. Have your chiropractor send you for an MRI of the Cervical Spine and MRI of the Lumbar Spine. It's not bones that are out of place, its your disc that are out of place. You can't claim an injury without the proof and if you have an MRI you will have that proof. If you have herniations on there, then your claim just went up drastically. Herniations are worth well over $10K each. If you do have them, I suggest you hire an attorney, if not the insurance company won't budge. If you have bulges or normal studies, then take what they offered and don't mention anything about the MRIs.If you're hit by an uninsured motorist, will your collision insurance cover?
Another thing, if you only treated for 1 month, its unlikely that you are seriously injured. Most people treated continuously for several months. You didn't go to the hospital. You have to look at it from their perspective, at this point, you're lucky they offered you anything.
I want to find out why such a small settlement?
Remember, unless you live in a state where no copays and deductibles apply, you will have to pay your doctor and p/t their copay and/or deductible. So the money they offered you, isn't yours. You should really get your MRIs done and then if they are good (meaning herniations) then go consult with a lawyer, if not the insurance company will play you out and short you out of money you can get. And you might want to see a Neurologist too to confirm the MRI readings by doing nerve conduction study exams.
Based upon what you wrote I think $1200 is more than fair and generous. The fact you had to be the one to pick up the phone doesn't matter and has absolutely nothing to do with the accident itself, which is what you're being compensated for.
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Your settlement will be based on what you can prove as your loss of enjoyment of life. I'm assuming you mean they have offered $700.00 as a settlement for this part of the claim only. Everything else should be dealt with separately, wage loss and medical expenses specifically. The settlement of the material damage is another separate issue.Their insurance said our quotes don't matter?
Who contacted who is irrelevant really, after all most insurance companies are not going to chase you to make you a settlement offer. The negotiation of this issue is really up to you. And for a bodily injury claim a month is really not a long time. The medical issues must first be resolved to your doctor's satisfaction so that will take some time. Your doctor will not want to rush your recovery.
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This does not sound like a overly serious accident, yes you suffered a soft tissue injury and for that you had to receive treatment. I think it would be prudent to discuss a settlement with the insurance adjuster that falls somewhere in between what they have offered and what you have suggested. Honestly, a $1000.00 is a fair settlement.
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Why are you talking to them in the first place? That is the job of your insurance company to negotiate with them to get you the best settlement. Did you report it to your insurance when it happened, and follow up with them? If not, why not?We need to know how much out of pockets you had for medical bills to know the correct answer... i would say with your type of injury (which.. is very minor in terms of injuries from accidents) a few hundred dollars over what you owe for medical bills is sufficient. Dont be greedy. I hate when people feel they are "owed" thousands of extra dollars as if that will somehow make up for the fact that they got in an accident and "get the person who hit you back" Dont be greedy- accept a few extra hundred bucks and move on with life.
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