Most adjusters try to base their numbers on the low figure that similar other cases settled for. They discount chiropractic treatment, treatment from anyone that they consider excessive, time off work not justified by a treating physician's letter, and, very sadly, whether you are represented by an attorney. They also look at what liens have been filed, how long they feel you should have been off work, etc. [incidentally, do you have underinsured insurance coverage for yourself that would pay for pat of the difference between the case value and what the other driver's $100,000 limits were]. You may need an attorney to review the economic damages and medical reports and then write a strongly worded letter to the insurance company that either they pay or suit will be filed and they can explain to their insured why they have to be bothered by a lawsuit, whether they are entitled to Cumis counsel, and why they might have to pay any excess judgment.
Answered on Jun 12th, 2013 at 11:08 PM