QUESTION
How to make a settlement to cover pain and suffering and miscellaneous expenses?
Asked on Oct 20th, 2013 on Personal Injury - California
More details to this question:
I was involved in a hit and run car accident as a passenger and my driver was at fault. Her insurance is now offering me a low settlement for the amount my health insurance paid. From this accident, I was diagnosed with acute PTSD and anxiety and lower back pain. I was given pain medications and antidepressants. I had also went to physical therapy. They want to give me zero for my pain and suffering and out of pocket money I spent for gas to my appointments. Can they do that? What should I do?
12 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your driver was at fault you are entitled to consideration for all the above. Some something is missing here, why don't you see a lawyer and let him figure it out.
Answered on Oct 22nd, 2013 at 2:01 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, it is YOUR vehicle insurer that pays your medical expenses and medical mileage, NOT the insurer of your host driver (unless you had no motor vehicle insurance and did not live with a relative that had PIP insurance). The at fault drivers liability insurance will pay your pain & suffering if you can prove you suffered a serious impairment of a body function through medical testimony. They will pay up to the limits of liability, but no more. Typically they will not offer any settlement if your injuries don't meet the threshold or will typically offer less than the limits if they think your injuries meet the threshold. You may need counsel to review the matter to give you some advice on the viability/reasonable range of settlement as to your claim.
Answered on Oct 22nd, 2013 at 1:10 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Insurance companies can and do just that thousands of times a day- they are not the United Way or the Red Cross and they are not here to help you, but to help themselves! You can either take their low ball offer or hire a competent and respected auto crash attorney who only represents plaintiffs and fight the insurance company- These companies have no obligation to be fair to you ,only to their company and its stockholders.
Answered on Oct 22nd, 2013 at 11:47 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Since the insurance company of the driver that caused the accident will not offer you a fair settlement, which is typical, you need to contact an injury lawyer to represent you so you will get compensated fairly.
Answered on Oct 22nd, 2013 at 11:40 AM
James Eugene Hasser
In Alabama, the guest passenger statute would prevent you from recovering from the driver unless you could show the driver was grossly negligent. You could recover med pay benefits, though, regardless of fault. They only pay for medical bills. However, uninsured motorist benefits would pay for the liability of the hit and run driver, which would include pain and suffering. Good luck.
Answered on Oct 22nd, 2013 at 10:50 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They can do that. You can demand more. If they will not pay more, you should consider retaining an attorney. Ultimately, you can file a law suit if you cannot settle the case.
Answered on Oct 22nd, 2013 at 8:26 AM
Ronald A. Steinberg
What you can do is to get s lawyer and sue.
Answered on Oct 22nd, 2013 at 8:13 AM
William M Stoddard
Prepare to go to trial.
Answered on Oct 22nd, 2013 at 8:02 AM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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1) Yes, the insurance company is not obligated to make you an offer that you consider acceptable. 2) You should ensure that the counsel representing your interests has all material information, including information regarding the nature of your injury; your diagnosis with acute PTSD, anxiety and lower back pain; and the insurance company's offer. You should instruct your counsel to attempt to negotiate a settlement that makes you whole. If that is not practicable, you should instruct your counsel to file legal proceedings on your behalf against the responsible parties.
Answered on Oct 21st, 2013 at 6:09 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
You should hire a lawyer and sue, you are right that is not fair.
Answered on Oct 21st, 2013 at 5:46 PM
1 Award
The insurance company can do whatever it wants to do. They have the money. I think you should try to find a lawyer to help you with your claim. Otherwise, the insurance company will not pay you fair compensation. Keep in mind that the statute of limitations for injury cases in Wisconsin is three years from the date of the accident.
Answered on Oct 21st, 2013 at 5:46 PM
Edwin K. Niles
I feel like a broken record! I've said many times in this forum that Insurance companies will take whatever advantage they can. You will be much better off with a lawyer who specializes in injury work.
Answered on Oct 21st, 2013 at 5:45 PM