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Bodily Injury Settlement, Insurance company offer does not seem fair.

Orange, CA |

Provided me with an offer for $6952. $2859 for medical and $4000 for pain and suffering. I was rear ended, my car was totaled. My total medical bills is $3454 and I will still have to visit the chiro. in the future. I feel they should pay for my full medical and time off from work etc. I expect at least $12000. Should i counter offer or get a attorney?

Attorney Answers 4

Posted

I take it you've already given the insurer a statement and full access to your medical records. If that's the case, you might still try to negotiate a better deal to see where the insurer will go. Can't give you value with the little info you provided, but considering a significant impact, the insurer does seem low. Remember...it is a negotiation, so they won't open with their best number.

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Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

How long ago did this accident happen? First, you need to make sure your statute of limitations does not run while any negotiations are taking place. Second, as long as a settlement is not reached, you can negotiate the numbers and make counter offers. Unless you have the proper experience and legal knowledge to do this yourself, you would benefit from having an attorney on your side.

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Posted

First try and make a counter demand. Also talk with your doctor about reimbursing him less from the settlement since the insurance company has knocked down his bill. Remember that if you hire an attorney, the attorney gets a 1/3 of the settlement and and you end up in almost the same place. Please call me for a free consultation if you wish at (949) 218-6600.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Posted

I suggest you get an attorney. I assume you presented your full medical bills and lost earnings calculation to the insurance company, yet they insult you with a low ball offer. In this down economy most insurance companies are low-balling unrepresented claimants in hopes that they need the money and will jump at any offer. Typically, the insurance industry is wrong and the claimant is smart enough to demand more or hire an attorney. An attorney is truly a consumer advocate who fights on behalf of the injured person. Attorneys have one immediate recourse against a low ball offer: filing a lawsuit either the same day or the next. This immediate threat, and reputation of the attorney, often compels insurance companies to make a better offer to an attorney representing an injured person. If you have legitimate continuing pain and chiropractic care has not resolved the pain, I suggest you consult with a physican (M.D.) and follow the physician's referrals to physical therapy or pain management.

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