How long can an insurance company make you wait for a settlement?

Asked almost 5 years ago - Greenville, OH

My military son was rearended which caused 2 bulging discs in his back. He has to change his MOS because he can no longer do the physical part. It has been 4 months and the totalled car is almost settled but the insurance company keeps asking for more info for the injury part. How long is too long to wait?

Attorney answers (2)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Ohio state law. However, I believe your son may be making a very serious mistake if he is attempting to negotiate on his own a settlement of a "two bulging disc" case only 4 months post accident.

    I suggest that your son immediately contact a personal injury attorney in the area where this collision took place and see whether or not the attorney is in a position to undertake his representation. In the interim, your son should not give any statement whatsoever to the adverse insurance carrier nor should he grant them access to his medical records without first speaking with a personal injury attorney.The adverse insurance carrier is not your son's friend nor his good neighbor. The sole goal of any insurance carrier is to pay your son nothing or as little as possible on any potential claim.Your son should retain counsel as soon as possible.

    Your son may also find it helpful to review some of the Legal Guides I have published on Avvo.com, many of which deal with the situations your son is now facing, including the elements of damages to which he may be entitled.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . You need to contact a personal injury attorney.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    I agree with Mr. Lundeen that your son might not be the best to negotiate his own deal.

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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