Is there a limit in Washington State on the amount an insurance co. can offer for an injury?
Wenatchee, WA
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Posted about 1 month ago in Car / Auto Accident
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I was rear ended by another driver and suffered soft tissue damage to my neck in 2/09. His ins. co. wants me to settle for $750 pain/suffering and $1200 for all med bills. I am still in physical therapy every 3 weeks and will probably have more than 1200 in med bills. They tell me under WA state law, this is the maximum they can offer me for this type of injury. True? thanks
Answers (2)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 month ago.
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There is no law in WA that limits how much an insurance company is willing to pay an injured party. If the insurance company wants to pay you one billion dollars for your injuries, WA would not prohibit the payment. If someone is really telling you that "under WA state law, this is the maximum they can offer me for this type of injury", the person is either lying or does not know the law.
The insurance company of the other driver has few duties to you. That company is not looking out for your best interests. It will try to pay you as little as you are willing to accept. Without knowing a lot more about the specific facts of your case, no one here would be able to tell you the value of your case. You should review the specific facts of your case with your attorney. Max Jeffrey Meyers
This attorney is licensed in Washington.
Posted about 1 month ago.
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The short answer is NO. The insurance adjuster is trying to manipulate you by misleading you about Washington laws. This is a common tactic insurance companies train their adjusters to use. The at fault driver's insurance adjuster has no obligation to be helpful, truthful or polite to you. There only goal is to pay you as little as possible. Many insurance companies give their adjusters bonuses or base part of their pay on how little they get you settle your case for in the end. Sad but true.
That's why it's generally a good idea to not give recorded statements or sign any kind of medical release for the at fault insurance company until you have completed treatment and healed from your accident related injuries. The insurance company wants these things from the start so they can find things to use against you when you try to settle the case. I never recommend a client settle until treatment is complete. You never know what additional injury complications may be discovered down the road. An injury that once was thought to be minor, but failed to respond to physical therapy for example, could end up being worse than first expected. If you settle before knowing this, any additional treatment will come out of your pocket. Once you settle you can't go back later and ask for more because things changed. The insurance company will say so sad but too bad, not our responsibility. That's why you should wait to settle until you are done treating your injuries and are back to normal.
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