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Auto accident case & pre exisiting injured

Tacoma, WA |

I hve pre exsting injury my back.
I had 2 times of surgery in 2009&2010
I had auto accident on may 2012. It was rear end and 100 % other guys fault
Also police was reported. My claim is closed
but i m still seeing my neurologist once for a month( for check up & oxycodone 10mg )
My attorney offered police limite in 8/2013 and we finally got offer back 30k
My medical bill is about 27k &wage lost is about 17k, but they offered us 30k only.
My dr said i got permanant back injury because of accident
Question 1: can i get police limit ?
Question 2: the fault insure company is hardford insurance. Are they ok to negotiation for settlement?
Question 3: im taking 5pills of oxy each days i cant even do anything because if i try to do something my pain increase than i need to take more pills

Attorney Answers 9

  1. First of all, $30.000 doesn't sound like a lot for what you describe. If that is Hartford's policy it puts you in a bad situation as they will want a release for their insured if they pay. Did you have underinsured motorist coverage? If so make a claim against your company. You need to sit down with your attorney and discuss your options.

  2. These are questions for your attorney. He/she is in the best position to advise you properly.

  3. You have a good deal of damages. I trust you have an experienced PI lawyer. If not get one. Don't negotiate with any insurance company directly. There objective is to pay the least possible.

  4. Best not to play lawyer, but to retain one. Avvo has a terrific "find a lawyer" tool to located a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

  5. Your question is difficult to answer without knowing the extent of the policy limit? For example 35K, 50k, 100k. Assuming the policy is 50k or more, your question is still difficult to answer without seeing the file and evaluating it in person. I suggest that you seek an in person meeting with your attorney as soon as possible. In the event that you are not happy with his/her performance then you can make a change. Good luck!

  6. First offers are always low. There is no decision to make until you get their "final" offer. Work with your lawyer.

  7. The at fault driver is liable for all aggravation to your pre-existing condition (which may have made you more prone to injury) In addition, you likely will be dealing with subrogation issues for the company that paid your medical bills. I cannot properly evaluate the value of your claim because I don't have access to all the same information your attorney does. Based on the very limited info you provided the offer sounds very conservative. I suggest you go back and talk with your attorney. If you are confident in your attorney akd trust him or her you may seriously want to consider following their advice. Otherwise you have the right to seek a second opinion prior to settling your case. Not all attorneys at equally capable. Most importantly, the choice to settle or not is yours to make and not your attorney.

    Best of luck


  8. You should have your attorney address these questions for you. There is no way for an attorney to know if you are entitled to the policy limit, especially because you have not stated what it is. In Washington State, the minimum amount of insurance a driver must carry is $25,000/$50,000 per collision but some driver's carry insurance polices much higher than that.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes only. It is not a substitute for legal advice. No attorney-client relationship is created or maintained without a signed written agreement between the client and the law firm.

  9. Sit down with your own attorney who you hired to handle your case and hash this out with he or she. If you do not trust your attorney do both of you a favor and fire he or she and seek an experienced attorney off AVVO to handle your claim. You have so many issues that need to be addressed and you must hold your attorney accountable for you knowing each one.

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