The decision to accept a bad offer or take a challenging case to trial is not an easy one, and none of us on AVVO know enough about your particular case to advise you. That is what your attorney is responsible for - to explain your options, and then recommend the one he thinks is best.
Having said that, here is what I can tell from the facts you shared -
1. The car damage is modest, which means it is unlikely that your car showed much damage. The way damage looks affects the value of a claim, whether it should or not.
2. The amount of medical treatment you received was also modest - $3000 is on the low end of the claims most attorney's will accept, because it is unlikely that your case would produce enough of a fee to offset the time it would take to prosecute it.
3. Geico has taken the crown of "Worst Insurance Company Ever" away from Allstate. It is officially the worst company to settle any kind of claim with, because Geico will never, ever, offer anything reasonable on smaller cases - never. So even if your case had more substantial evidence, filing suit would be necessary to compel Geico to pay anything close to fair value.
If your current attorney is unwilling to take your case any further, then you have a very tough choice - follow his advice, or find another attorney that will 1) take a smallish case to trial, and 2) take a case that was already worked up by another attorney - two very difficult challenges. Good luck.
I would ask my lawyer why he says you will lose at trial and get a second opinion from a lawyer in your local community.
Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland Park Boulevard Sunrise, FL 33351 Phone: (954) 572-7200 Fax: (954) 748-6488 www.floridainjurylawyers.com Legal Disclaimer: If this information has been helpful, please indicate below. Sam Coffey is licensed to practice law in Florida. This response 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. Coffey strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Make an appointment to sit down with your lawyer and ask him to explain your options and why he thinks you would lose if this case went to trial. If you then do not agree with him, take some time to think about it and consult with other lawyers who handle personal injury cases. Most lawyers who handle personal injury cases will provide a free consultation, so you should take advantage of this service. None of the lawyers on this site know enough about your claim to say whether your lawyer is right or there is some other reason he does not want to go to trial.
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