My husband, 18mo daughter and I were rear-ended this past summer by a driver not paying attention. Our car was totaled and my husband and daughter have already settled their pain & suffering claims, however my injuries required more medical attention (No surgeries/scars, but still feeling weak in my knee, back & neck). The driver-at-faults' insurance co. is trying to settle my pain & suffering with a few thousand dollars and reimbursing the 10K medical bills that my PIP covered of course, but not the other $1,500 that went over PIP. Can I insist that the other insurance company cover ALL the medical bills on top of the dollar amount they're offering me for pain & suffering?
Quite frankly, if the accident was not that long ago, and you are still feeling weak in your knee back and neck, you should not even be settling your claim yet. A few thousand dollars? Really? You should be talking to an attorney to handle this for you, not to the insurance company.
You can "insist" that a shark not bite your leg off, but if it's hungry it will still happen. Likewise, you can insist all you want to an insurance company, but in the end they will do whatever they want to do, because you have no leverage. I don't mean to be rude to you for sport, but in my opinion you are making a mistake by handling these cases on your own.
You may be making a mistake trying to handle negotiations with a national insurance carrier on your own. The sole goal of any insurance company is to pay you nothing or as little as possible on your claim.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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