I disagree with the insurance company's pain and suffering claim offer. Can I ask for a higher offer or consult attorney?

Question

I was a passenger in an accident 9 months pregnant, 3 days before my due date. The other driver was completely at fault. I went to work right after the accident but got sent home because my leg and lower back hurt; I had to sit most of my shift. I went to the hospital, stayed overnight, missing work the next day. My doctor restricted me from working the rest of my pregnancy. I went into labor shortly after leaving the hospital. My body was sore from bracing myself from the accident which hit the passenger side. Since the accident, I get really nervous and anxious when I am driving or riding in a car. The insurance company offered me $250 for pain and suffering and $46 dollars in lost wages.

Ronald A. Steinberg · Answer

You can do whatever you want.  If you disagree with the insurance company, then be prepared to PROVE that your assessment is more accurate than theirs is.  They will not take your word for it; you need actual evidence to support it.  Yes, you should get a lawyer.

Gary Platt · Answer

Of course you can always consult an attorney.  The insurance  company for  the other driver will try to "low-ball" you by offering you as  little as  they can get away with to settle, and they know you have no idea what  you are  entitled to under the circumstances.  Consult an attorney  (preferably at  least two from different firms) and hire one to represent  you.  Even after  paying your lawyer's fee, you will usually end up settling  your case for more  than the insurance company would otherwise pay  you.

Thomas Edward Gates · Answer

You need to retain an attorney.  Do not make a statement to the insurance company or sign anything.

David Stoddard · Answer

Yes, you can ask for more and if they will not offer more you can retain an attorney.

Erven Nelson · Answer

Yes, you can demand settlement at a higher amount or hire a lawyer.

Gregory Janks · Answer

You may always negotiate any settlement. You can ask for more. You  can always hire a lawyer. However, Michigan law requires someone to  sustain "threshold" injuries to qualify to sue for pain and suffering  and your injuries may well not meet the threshold, so it could be you  won't find a lawyer willing to take your case.       Incidentally, it is your own car insurance company that pays any  wage loss and medical bills, not the @ fault driver, or owner's,  insurer. You also don't negotiate or settle with your own insurer, they  pay whatever provable, accident related economic losses there are.

Wayne Wimer · Answer

Sue the defendant in small claims court where recovery is limited to $5,000 in Washington. The defendant can't have an attorney represent him or her in small claims court so that puts the defendant/insurance company in a bind. Otherwise, hire an attorney and file suit against the defendant. The offer will increase dramatically.

Monica Cecilia Castillo-Barraza · Answer

As long as you are within the statute of limitations time, you can negotiate the offer, not accept it and/or file a lawsuit, by yourself or with an attorney.  Best to speak with a local attorney as soon as possible.

James Eugene Hasser · Answer

Yes, to both questions. My first question is how did the baby come out? My next is whether you are still having any physical problems. If you decide to run it by a lawyer, look for one that does personal injury work.

Cary Smalley · Answer

I suggest you consult with an attorney to ensure the best possible outcome.

Alexander Gilburg · Answer

Of course you can ask for a higher offer, but there is no question you need an attorney to protect your rights and maximize your recovery. The insurance company has lawyers, and so should you.

John Hone · Answer

Get an attorney.

Anthony Van Johnson · Answer

Unfortunately, you failed to immediately retain legal representation at the time of your accident.  The claims adjusters are experienced in handling injury matters on behalf of the insurance companies.  And their job is to pay the least amount that they can to the claimant.  Had you retained an attorney immediately after the accident, your attorney would have advised you on what steps needed to be taken to make sure you are fully compensated for your injuries.  Too often, individuals think they are saving money by not retaining an attorney only to find that they have severely damaged their case.  And then they seek an attorney in the hopes that the attorney can undo the damage that has been done, which is very difficult.  In answer to your question, yes, you can request a higher offer.  But, based on the information you provided, the adjuster is not likely to make any significant increase in the settlement offer.  And yes, you can consult an attorney.

Paul Whitfield · Answer

You have 2 problems: you don't have much of a claim. And the carriers offer is obscenely low. Negotiate with them best you can then get on with your life. This small case wont make any difference in your life and a lawyer can't do much with it.

John Turck · Answer

Of course you can ask for more money. It doesn't mean the insurance company will agree to it.  In all events you should consult with an attorney first, something the insurance company is hoping you won't do, because they know they will be able to take advantage of you and end up paying you less money than they otherwise might.

Marc Lazarus · Answer

You always have the right to consult an attorney, and you should speak to an attorney regarding your claim.

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I disagree with the insurance company's pain and suffering claim offer. Can I ask for a higher offer or consult attorney?

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