QUESTION
Why is my insurance company offering me a settlement and shouldn’t I get compensated from the other driver's insurance?
Asked on Mar 25th, 2016 on Personal Injury - Michigan
More details to this question:
I was just in a recent auto accident. Other driver ticketed and does have insurance. Almost immediately, I was offered a settlement after making a claim. I didn’t expect a settlement and didn't understand why. I do have injuries. Low back pain. My doctor sent me for an x-ray. X-ray showed Schmorl's nodes due to trauma. I need more tests, physical therapy and also back to a psychiatrist. My records show a phobia of driving (part of my PTSD), obviously a crash made my PTSD worse now. My claims agent is threatening an investigation (prior preexisting condition that I have. Fibromyalgia. I laughed at that). If I don't sign now. I thought if anything, the other driver’s insurance would pay my medical and/or any expenses? I have Medicare, Medicaid, disabled since 2008. I'm 29.
4 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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A driver buys insurance to protect against claims from their negligence. Do not settle quickly because once you settle you cannot go back a second time for money. Medicare won't pay a dime for auto injury by law. If they paid, you have to pay them back. You need a lawyer especially with pre existing conditions.
Answered on May 02nd, 2016 at 7:34 AM
Ronald A. Steinberg
Get a lawyer. Something smells very bad. I cannot put my finger on it, but if you are reporting the facts accurately, this doesn't seem right. No legitimate insurance company adjuster would make threats like that.
Answered on Apr 29th, 2016 at 5:42 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No fault is a complex area.
Answered on Apr 29th, 2016 at 10:46 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, it is your own vehicle insurer that pays for any wage loss (sounds like you have none), medical expenses for crash related treatment and for replacement services (hiring chores done if your doctor confirms you can't do them due to crash related injuries). It is the other vehicles/drivers insurer(s) that pay any pain & suffering claim if you are able to show that you suffered a serious impairment of a body function. If your insurer offering a settlement and asking you to sign a release, that is unusual, and it typically is not a good idea for you to release your own insurer for No Fault Benefits. If it is the other persons insurer, a settlement may, or may not, be a good idea, primarily depending on the amount being offered relative to how liability looks and how your damages look. You'd likely be best served by consulting a local attorney that regularly handles car crash cases before you make any decisions, sign any releases or otherwise settle any claims.
Answered on Apr 29th, 2016 at 10:45 AM