QUESTION

My medical bills are $15,000. State Farm represents the at fault party. They will only pay double Medicare payments...around $4000. Is this normal?

Asked on Sep 03rd, 2020 on Automobile Accidents - Missouri
More details to this question:
My wife and I got hit on my motorcycle by a guy in a pickup truck who ran a light. My wife got an attorney but I did not since I didn't have broken bones. My medical comes to around $15,000 and they say they only pay double medicare payments. They are paying me for the days of missed work, which is about $1100, and offering about $5600 for pain and suffering.
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1 ANSWER

Personal Injury Attorney serving Denver, CO at Colorado Justice-Rx Attorneys, LLC
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The short answer is that it is "normal" for insurance companies to offer insufficient settlements to unrepresented persons. Your description leads me to believe that you are being pushed into an inadequate settlement, as is unfotunately "normal" in today's world. Please remember that once you accept a settlement you will never receive any additional money from the at-fault person's insurance company. I will briefly elaborate on the apparent issues that arise from your situation. If State Farm is offering that much for a settlement in negotiations without an attorney, there is likely a significantly higher recovery available. Insurance companies are notorious for pushing settlements that seem reasonable or generous to an unrepresented party while, in my experience as well as that of most any attorney I know, assistance of counsel will lead to a significantly increased settlement. Certain insurance companies have a reputation for this type of conduct and for taking unreasonable positions in negotiations.  You should be "made whole" for all the injuries and damages you suffered. It sounds like the settlement offered would not even be half of the economic (financial) damages you suffered. Unless there are facts in play which I am unaware of, I would view the offer you describe as grossly inadequate in a scenario where a client of mine found himself/herself in your situation.  There are a few crucial questions to better inform my analysis. What is the extent of your injuries? It stands to reason that there are/were substantial injuries since over $5,000 for pain and suffering is on the table. Are you still receiving treatment? Remember that you will not receive any additional money if you accept a settlement. This is often an issue when an unwitting peron settles a claim before the full extent of the injuries is known.  Also, when you say that your medical bills are $15,000--does this refer to the amount billied (before insurance) or the amount you are being asked to pay (after insurance)? This is an important distinction and, depending on state law, may have a significant effect on the recovery you are entitled to. Keep in mind that one valuable aspect of legal representation is to not only handle negotiation with the automobile insurance companies, but also to deal with any medical insurance and billing issues that arise.  I recommend you discuss with your wife the status of her claim. That may be instructive of how you should proceed. I am happy to discuss this with you further, should you wish. If not, I wish you best of luck in dealing with this situation and a swift recovery for you and your wife.  Best, Joseph
Answered on Sep 09th, 2020 at 12:27 AM

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