QUESTION

Accident Settlement offer too low?

Asked on Sep 22nd, 2015 on Automobile Accidents - Washington
More details to this question:
Wife suffered broken right ankle. Had surgery with plate and screws and pins. 20 weeks in a hard cast.. Looking at another surgery in 3 to 4 years to replace the plate screws and pins. Has a limp and need for a brace. She can't drive. Other driver cited and their insurance is offering $100,000.00 settlement plus pay all current medical costs aprox. $50,000.00. My concern is the cost of the future surgery and how to get comphensated for "pain and suffering?"
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1 ANSWER

The key here is to find out what the insurance company's policy limits are. They are only obligated to pay those limits. After that you would have to use your own Underinsured Motorist coverage if you have it, if not you would have to pursue the at fault party for more than the limits. The $100K they are offering is for pain and suffering and any future costs. You can talk to your surgeon's office and have them give you and estimate of the future costs then present that to the insurance company. From what you are telling me, the amount they are offering you is not sufficient to fully compensate you wife. Once you find out what the policy limits are, you can decide if those limits are enough to compensate her. If not, you will need to pursue an underinsured motorist claim (presuming you have UIM). Another important issue is the medical bills? Were they paid and if so, by whom? If they were paid by your auto carrier or private insurance these companies will be wanting to get reimbursed from the $50K the at fault party's insurance company is offering. Depending on whether there is enough insurance to fully compensate you wife, these companies may or may not have a legal right to reimbursement. There are many complicated issues to consider when settling a claim like this. I would highly recommend speaking with an attorney before making any settlement decisions. Most attorney's will not charge for consultation such as this.
Answered on Sep 22nd, 2015 at 12:27 PM

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