QUESTION
What can I do if my insurance will not settle with enough money?
Asked on Sep 29th, 2011 on Personal Injury - Washington
More details to this question:
I am trying to deal with an insurance company due to an auto accident where I was rear-ended. I have been getting therapy from a chiropractor for about 2 months now and this company keeps calling me asking me to sign an authorization form. They told me also today on that they will no longer pay for any more therapy and they are only offering me $400 to settle. They said they will pay all medical bills which total to about $2000 which final settlement will be only $2400, but I told them I am trying to get well. They want to settle with me now or that's all they will offer. They are not interested with my pain and suffering and I have really suffered. I told them the doctor wants a MRI, but they will not pay for any more medical bills. They offered for $400 and that was final. So could you tell me what should I do? This accident occurred on 7/27/11 and I have not worked since. My left leg and lower back with disc 5 my doctor tells me it needs more time to heal but seems to not get any better. I am still in pain taking medication and was given a body-med to carry home with me to help me sleep from spasm's and lower back pain. I can hardly walk or stand or bend.
32 ANSWERS
They will never pay you fair value since you are unrepresented.
Answered on Jun 19th, 2013 at 1:33 AM
Steven D. Dunnings
Hire an attorney.
Answered on Jun 19th, 2013 at 1:30 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Why haven't you consulted with a personal injury attorney? What are you waiting for? It is foolhardy for you do deal directly with any insurance company if you think that there may be a substantial claim.
Answered on Jun 19th, 2013 at 1:28 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You need an attorney.
Answered on Jun 19th, 2013 at 1:27 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You need an attorney ASAP or you will find yourself another victim of Michigan's auto insurers. They make a living off of not properly paying claims and ripping off policy holders.
Answered on Oct 28th, 2011 at 1:21 PM
2 Awards
You need to speak with a personal injury attorney asap. The insurance company's number one goal is to pay out as little as possible. They will take advantage of you because they know you do not have the experience and tools to keep them accountable. I would be very interested in taking on your case. My law firm does not charge anything unless we win your case.
Answered on Oct 28th, 2011 at 1:21 PM
The insurance company is jerking you around because that's what insurance companies do. They make money by not paying claims. They know that if they are nasty enough, most claimants who do not have lawyers will just give up.
Answered on Oct 28th, 2011 at 1:21 PM
New User
You need to hire a lawyer. You also should see an MD to validate your condition, if you have only seen a chiropractor.
Answered on Oct 28th, 2011 at 1:21 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
Hire an injury attorney. Right now you have no leverage because you are unrepresented. Once you have an attorney, you have the threat of a lawsuit; which is the only thing that encourages insurance companies to pay money out on claims.
Answered on Oct 06th, 2011 at 9:40 AM
Civil Litigation Attorney serving Kansas City, MO
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The Unger Law Firm LLC
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Unfortunately, this is an experience that many an injured person has when trying to deal with an insurance company. In many cases it is nearly impossible for an injured person to receive the compensation the medical treatment they need to get better, for the time they missed from work and for the pain they experienced without the help of an attorney. An experienced personal injury attorney will be able to help you get the damages you are entitled to following an automobile accident.
Answered on Oct 05th, 2011 at 5:03 PM
Do not sign anything. The insurance company is trying to get you to sign a settlement that is not allow you to claim any other pain and/or suffering after you sign the agreement and you will not be able to go after them for any additional money. You need to hire an attorney immediately to protect your rights.
Answered on Oct 05th, 2011 at 12:52 PM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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If the insurance company isn't willing to settle for what you believe is a fair settlement then your only options are to sue the at fault driver or hire an attorney and hope that s/he can get a higher settlement for you without taking the case to trial. Attorneys work on hourly, flat fee, contingency fee and a combination of the three. You might find an attorney who would work with you hourly but they'd probably want a retainer up front to work off of.
Answered on Oct 05th, 2011 at 12:14 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You should contact a personal injury attorney before communicating any further with the insurance company. They are offering a very low-ball settlement amount - even if you pay a one-third fee to an attorney, you will probably receive a significantly greater amount of money with a lawyer representing your claims. And most personal injury firms provide free initial consultations and contingent fee arrangements where you only pay attorney fees if the attorney collects on your behalf. If your doctor is recommending a MRI, then you may have long term difficulties that require medical attention so do not settle until you have a complete idea of your condition. You have three years in Colorado in which to file a lawsuit arising from a motor vehicle accident, so you have plenty of time for proper diagnosis.
Answered on Oct 05th, 2011 at 12:13 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You need to call my office immediately to discuss your options. This is very normal for the insurance company to threaten you and to try to coerce you into settling your claim. My office is very familiar with these tactics and we will be able to take the threats and coercive tactics off of you. Additionally, we will assist you with receiving the medical treatment that you need to help you get better.
Answered on Oct 05th, 2011 at 12:12 PM
You should retain a personal injury attorney to assist you. The insurance company will take your attorney more seriously. It likely believes it can push you around because you are unfamiliar with how the claim system works. There are a number of ways to fund your medical treatment which your attorney could handle easily. Your pain and suffering, as well as loss of work, are worth well more than $400.
Answered on Oct 05th, 2011 at 12:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have what sou8nds like a pretty typical soft tissue case, with perhaps nerve root irritation caused by a disc. That is why the chiro wants an MRI. You ought to see a neurosurgeon to find out for sure whether you might need surgery. You probably ought not to continue with the chiro. Your offer is pretty typical of Allstate, Nationwide (who write most auto insurance in NC) and perhaps other companies. You need a personal injury lawyer to represent you and you need to followup with the neuro. If you have neurological injury ( the MRI should show) your case ought to be worth a good bit more than you have been offered. Insurance companies are largely arrogant and nasty about such cases as yours.
Answered on Oct 05th, 2011 at 12:10 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Chiropractic care does not impress insurance companies or juries. Go to an orthopedic surgeon for an evaluation. Use your own auto insurance medical payments coverage. Send the exam report to me for further consideration .
Answered on Oct 05th, 2011 at 12:10 PM
I am not at all surprised that the insurance company is responding this way to you. It is a very common tactic - the company is trying to pressure you into settling a claim at this time, and it is clearly not the right time. You should not be negotiating at all until you are at a medical end result, that is, when you are feeling 100%, or the doctors feel that no further treatment is necessary. I see that the company is also refusing to pay for any further medical treatment. Given what you have described, I would strongly suggest that you contact an experienced personal injury attorney in your area immediately to handle all of these issues for you. You need someone on your side to explain to you your rights under the law. Don't let the insurance company push you around.
Answered on Oct 05th, 2011 at 12:08 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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In Florida your own automobile insurance company is to pay benefits to you from the Personal Injury Protection part of your policy; however, it seems that you are dealing with the insurance company of the driver or owner of the car that struck you. Assuming that to be the case, I recommend you speak directly to an Orlando personal injury attorney who can advise you of your particular rights. I do not recommend you continue to deal with the insurance company directly without advice from an attorney.
Answered on Oct 05th, 2011 at 12:08 PM
Here is a case where an experienced injury attorney can really make a difference. The first thing that hiring a lawyer will do is make your recovery easier as the insurance company will no longer bother you. The attorney will also take care of all the little details like collecting all your bills and medical records. Most importantly, the injury lawyer will know how to evaluate your case and set a fair recovery value, an amount that includes pain and suffering. When I handle cases like this, the amount of compensation for medical bills seems to be the least significant figure involved. The intangible damages such as pain and inconvenience, losing your life for weeks or months, these are the more significant damages and they are worth fighting for in a lawsuit if necessary. Lastly, the injury attorney will now when it is appropriate to begin the settlement process.
Answered on Oct 04th, 2011 at 10:31 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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Do not settle your own case. The insurance company simply wants to be done with you as quickly as possible. Two reasons to retain an attorney ASAP if not sooner (1) an attorney has a duty to you, and to you only , to, among other things, disclose all potential elements of your settlement, (2) the insurance industry's own statistics indicate that once an attorney is brought in, the value of the claim increases by double or more. Last year a person came to me who had been attempting to settle their own case. After they retained me, I was able to achieve an ultimate settlement of over 4 times what he had demanded.
Answered on Oct 04th, 2011 at 10:28 PM
Gary Moore
Sue your insurance company. By the way compensation for pain and suffering comes from the other driver and/or his car insurance company.
Answered on Oct 04th, 2011 at 10:26 PM
Retain a plaintiff's personal injury attorney to represent you even at the settlement stage of your claim.
Answered on Oct 04th, 2011 at 10:26 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Don't agree to anything until you consult a qualified personal injury lawyer.
Answered on Oct 04th, 2011 at 10:26 PM
3 Awards
From your facts, it sounds like the injuries you sustained in the accident have prevented you from working. Those "lost wages" should be a part of your settlement along with an agreement about the costs for future treatment related to these injuries. You should consult with attorney before you sign anything, period.
Answered on Oct 04th, 2011 at 12:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is why you need a lawyer. First of all, your insurance company covers you with no-fault for your medical bills and your time out of work. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". As long as the doctor signs that the treatment is medically necessary and related to the accident, you are covered. If they deny the treatment, they have to give you a written denial and you can appeal. As for "final settlement" and pain and suffering, that is up to the insurance company for the driver of the other vehicle. You can only recover financially from an injury if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. It may be that the full extent of your injuries have not yet been medically determined: you have not had the MRI yet, you don't know how long you will be out of work, you don't know what treatment you will need in the future and there has been no determination as to whether there will be any permanent consequences. As to what you should do: get a lawyer.
Answered on Oct 04th, 2011 at 12:38 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
3 Awards
The insurance company is not on your side. They are trying to settle your case for as little money as possible. You should not even consider trying to settle until you are better or you are as good as you are going to get. Do not sign a release because some allow the adjuster to talk to your doctors. Sometimes the adjuster tells the doctor they won't pay for a test or treatment that the doctor is recommending. Then the doctor doesn't order it. Your doctor should not be talking to the insurance company they should be trying to get you better. You need to get an injury attorney right away. You can then worry about getting better while the lawyer takes care of the insurance company and your claim. Do not try to handle on your own. Hire a professional that deals with insurance companies on a regular basis. Injury lawyers do not charge you unless and until they receive money for you. A good lawyer will protect you and not let the insurance company rush you into a bad settlement. The insurance company will have to pay for all reasonable and necessary medical bills.
Answered on Oct 04th, 2011 at 12:37 PM
Car Accidents Attorney serving Lake Oswego, OR
Partner at
Ryan L. Hilts, Attorney at Law
In Oregon, your own automobile insurance (PIP) will pay for your medical expenses for one year or up to $15,000, whichever comes first (assuming you have the minimum PIP coverage required in Oregon). PIP will also pay for 70% of your lost wages, up to $3,000 per month. At the end of the case, the at-fault driver's insurance company will then be responsible for repaying the related medical bills and 100% of the wages, and will also pay an amount for your pain and suffering damages. It sounds like you are being contacted by the at-fault insurer, who would have no authority to cut off your medical treatment. It is not a good idea to try to settle your case while you still need treatment and while you still should have plenty of PIP coverage through your own insurance company. You have no legal obligation to discuss your case with the at-fault insurer. They also have no legal right to obtain a medical authorization from you. You might benefit from seeking the advice of a personal injury attorney.
Answered on Oct 04th, 2011 at 9:15 AM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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The first you thing you need to do after stop communicating with the other driver's insurance company, is to call an experienced personal injury attorney. Your rights to medical care have nothing to do with the other driver's insurance company. Florida is a no-fault state, which means your own insurance company is responsible for paying 80% of the first $10,000.00 of your medical bills. Thereafter, depending upon the ultimate severity of your injuries, you are entitled to make a claim against the other driver's insurance company for the value of your injuries. And, if necessary you may file a lawsuit against the other driver/his insurance company. Attempting to handle this complicated process without proper legal representation will only cause you grief and cost you money.
Answered on Oct 04th, 2011 at 9:10 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Oct 04th, 2011 at 9:07 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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It is difficult to deal with insurance companies if you are doing it for the first time- they have professionals and if you do not have someone on your side, you are at a significant disadvantage. Settlement out of court is not mandatory, and you can't force them to pay you more unless a jury says they must. If you don't feel the company is being fair with you, you should hire an experienced trial lawyer to take your side. If the settlement they are offering is fair, your lawyer will tell you. If not, your lawyer can take the necessary steps to file suit. Many times the insurance company will only make a fair offer AFTER suit is filed!
Answered on Oct 04th, 2011 at 9:06 AM
Insurance Attorney serving Spokane, WA
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Law Offices of Bodey & Bodey
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You simply need to get an attorney. This case needs to be evaluated after a thorough review of your medical records. Also, and more importantly, diagnostic studies such as to MRI, x-rays, CT scans etc., will need to be reviewed thoroughly. Bottom line here is it does not appear as though treatment has concluded, and there also appears to be some significant medical residual problems for which that insurance company will not want to be responsible for. That is the reason for the pressure they are applying on you for settlement. I hope this helps.
Answered on Oct 04th, 2011 at 9:05 AM