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Can I negotiate the other insurance co to cover medical bills that went over my PIP claim as part of pain & suffering settlement

Elizabethtown, KY |

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?

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Attorney answers 7


You should at least get a free consult with a local injury lawyer to assure your rights are protected, and that fair compensation is made. The ins co is not looking to be fair, but to save money.


Yes the ins. co. should take the $1500 into consideration as part of your overall settlement I would be happy to discuss this with you (502) 558-0666.


Yes. You need to consult with an injury attorney to advise you.

Call for a free consultation at 727-937-1400 or visit us on the Web at


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.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.



I suppose I should have mentioned I do have an attorney helping me. My attorney originally set the demand at 60k, but the ins. co came back with 6k, and now we are stuck at 9k. But the additional medical bills are not covered. So after the attorney takes their 1/3 I am left with having to pay the medical bills out of my pain and suffering claim. I am asking advice on here because (while I am no lawyer) this doesn't seem right to me.

Joyce J. Sweinberg

Joyce J. Sweinberg


None of us here can second guess your attorney, but you do NOT have to agree to the offer if you think that it is not fair. Discuss it with your attorney and do what you need to do to get yourself a fair result in your case. We cannot make an assessment without all of the facts and the medical records-only an attorney who has all of the info can really assess your case value. Best of luck to you.


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.

This information is for general informational purposes only and is not intended to constitute legal advice. By responding to this question, I am not intending to form any lawyer-client relationship whatsoever.


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 dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

Legal Disclaimer:

If this information has been helpful, please indicate below.

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.

This ans. does not create an attorney/client relationship.


Not a good idea to settle before your treatment is done, nor without a lawyer, as it will come back to bite you. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

Only 29% Contingency Fee! Phone: 215-510-6755

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