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I have sustained serious injuries from an auto accident but ins co does not want to compensate fairly. What do I do?

Pensacola, FL |

I was told that I could benefit from my uninsured motorist policy which is $50,000. Because of my injuries I cannot stand,I am in a wheelchair, I am in a lot of pain all the time, I have a severe case of scoliosis among other issues. I need and will need lots of care. Ins co only offering $5,000. Doctors report said I would need up to $3,000 in care annually. How do I get them to pay more?

Attorney Answers 16


  1. Get thee to an attorney. It is that simple. You should not be talking to the insurance company yourself. You should have an attorney represent your interests, if you have a viable case. There might also be other sources of recovery available. Good luck to you! Look here on avvo in the Find A Lawyer section...

    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 www.jjsassoc.net 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.


  2. You will need to return an attorney in order to have the insurance company increase their offer. Your attorney might even have to file a lawsuit on your behalf in order to allow you to be fairly compensated for you injuries.

    Almost all personal injury attorneys offer a Free Consultation, and if you hire the attorney it's on a contingency fee basis.


  3. First, my sincere regret that this has happened to you. You need to gather your documentation, including police report, correspondence with insurance carrier and medical records and contact an attorney in your area to assist you with these matters prior to accepting or signing for any settlement.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. One word- attorney. Having a personal injury attorney represent you will substantially increase your recovery. Consults are generally free and the attorneys are paid only if they get a recovery for you. Do not do anything until you have at least consulted with a personal injury attorney. There are several excellent ones on AVVO, you can use the find a lawyer feature. I am sorry the you were injured.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655


  5. Sounds like you have medical providers who are advocating for you. You may need to hire a lawyer who is familiar as we are with filing a notice with the insurer to give them notice that they are not dealing with you in good faith. You will need to make sure that you have given the carrier all the information to conclude that your claim exceeds the available coverage. If the carrier disagrees you must indicate how they have failed to resolve your claim when they should have and could have and give them an additional 60 days to cure. It may take litigation to resolve.


  6. As everyone has been quick to point out, hire an attorney. Ultimately you may simply have to file suit. All too often these days litigation is required to maximize your recovery. Insurance carriers like to hold on to their money for as long as possible.


  7. You see? This is what we see in just about every personal injury case; but all the public ever hears about is tort reform propaganda that is spouted by the insurance lobby, the chambers of commerce, the pharmaceutical companies, and yes the Republicans whom they help to put in office. Insurers cry poor while earning record profits, running ads for auto insurance on TV ad nauseum (slight pun there), and lobbying away our rights one by one. Caps on damages, limits on whom you can see for medical treatment after an auto collision, torturous examinations under oath and "independent" medical evaluations with doctors chosen by the insurers (gee, I wonder what their opinion wil be), etc. Its disgusting; and people need to know the truth about how insurers really act.

    Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above 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, would significantly alter the above response.


  8. Insurance companies owe a legal duty to their insureds to act in good faith when resolving claims. If an accident has caused you the medical problems you describe, you should speak to an injury lawyer at once.


  9. Best bet is to get representation from a local Pensacola personal injury lawyer to get you maximum compensation. Use Avvo's "find a lawyer" tool.


  10. Hire a local Personal Injury attorney and let him/her deal with the insurance company while you focus on getting healthy.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com


  11. You need to get an experienced attorney to assist you with your claim. It sounds like you have serious injuries that will need to be attributed to your accident through your medical providers to obtain the discovery you want; even then, it may require litigation. Please contact a qualified injury attorney in your area to assist you immediately. There is too much at stake to go without legal representation.


  12. Hire an attorney to help you.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.

    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.


  13. I obviously don't have the benefit of having reviewed all of your medical records, history, etc., but if the accident is the cause of the injuries you describe, and an uninsured or underinsured motorist was at fault, then your insurer is pulling a classic lowball offer. An aggressive attorney will re-demand the policy limits while filing a Notice of Civil Remedies (again, assuming after a review of everything that your case merits such action). If the insurer does not cure, then a jury trial may be necessary to seek your full measure of damages. If an excess verdict is obtained, then you may have a bad faith claim which could lead to an amount in excess of the policy limits. There are far too many issues here for you to try to handle this on your own, and you do need to get in to an attorney as soon as possible. Best of luck.

    DISCLAIMER: Attorney Scott McPherson is a sole practitioner representing injured persons in the Tampa Bay area of Florida. He has extensive litigation experience in State and Federal Court, and has argued before Florida's appellate courts. Answers provided by Attorney McPherson are not to be deemed legal advice, as it would be impossible to analyze the merits of a case based on a single forum question. No attorney-client relationship is created or implied by Attorney McPherson's responses.


  14. If you do not have one already, you must retain a personal injury attorney to protect and advocate for your rights. Based on the $50,000 policy limits and the nature of the insurance company's low-offer, it is very likely you will need to file a lawsuit against your uninsured motorist carrier in order to try to recover the full value of your damages. You will need not only an attorney to effectively pursue a lawsuit, but you will need an personal injury litigation attorney who can step up against the insurance company on your behalf. As there are a multitude of issues to consider, use Avvo to find a qualified personal injury litigation attorney to advocate on your behalf. I hope you are receiving the appropriate medical care to help you deal with your injuries and I wish you the best of luck in working to improve your condition.

    Ian M. Thomas, Esq. - Tripp Law Firm, P.A. - www.trippfirm.com The above answer should not be construed to constitute legal advice and does not create an attorney-client relationship. This information is intended as educational only and you should seek a qualified and experienced lawyer with questions about your legal rights. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free written information about the lawyer's or law firm's qualifications and experience.


  15. You need an attorney. It is almost impossible to get fair compensation when you go up against an insurance company by yourself. It sounds like you are dealing with an unreasonable adjuster. Once you hire a good lawyer, put the case into suit, and demonstrate to the insurance company that you are willing to try the case and they will lose, only then will they come to the plate and pay out for all your harms and losses.


  16. Sue. Of course, for that you need an attorney.

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