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Rear ended and my car suffered 768$ damage medical 4995$. other party at fault. adjuster is offering 5300$.is this fair?

Austin, TX |

chiropractor and e.r dr said i suffered cervical sprain and upper,mid and lower back strain.

car damge has already been paid also...basically he is offering 750$ for pain and suffering

Attorney Answers 14

  1. Nope, but that's what they do. Welcome to the insurance world. Hire a PI atty and let them deal with the insurance company.


    Daniel D. Horowitz, III* Partner
    Abraham, Watkins, Nichols,
    Sorrels, Agosto & Friend
    800 Commerce Street
    Houston, Texas 77002
    713-225-0827 Fax
    832-483-3060 Cell

    *Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

  2. Absolutely not. It appears that you have been offered the amount of your economic damages. Texas laws allow you to receive compensation for pain, suffering, loss of use (property damage), mental anguish, and in some cases, exemplary damages.

    I suggest you contact a local Personal Injury attorney to have them asses your case and advise you of your proper case value.

    I hope this helps.

  3. Doesn't sound fair to me, and my practice is pretty much 100% car wrecks here in Austin. You might want to call someone and get a free consultation.

    James Wood

  4. Not from the minimal facts you have given. The adjuster is currently offering you less than your medical bills and property damage. If the other driver was clearly at fault and you were not at fault, then you can be compensated for the full measure of your medical bills in the past, any medical bills you may require in the future, lost wages, physical impairment, and physical pain.

    Depending on when the wreck happened, you do not want to rush into a settlement before doctors of your choosing have cleared you 100%. Often, the insurance companies will rush you by setting short deadlines and using terms like "we are going to close this claim." Do not feel pressured by these tactics. You have two years to file and serve a lawsuit in a car wreck injury case (although waiting that long is not good, either).

    I recommend getting in touch with an experienced personal injury lawyer who handles these types of cases so they can review all the facts surrounding your case. A lawyer could then explain the contingency-fee arrangement and give you a better idea on what you should expect from your case.

  5. Fair, no. But it sounds like you have what Allstate classifies as a MIST claim. Minor impact, soft tissue injury. Insurance companies often make you take cases like that to trial because you could get a bad jury and get less or nothing and odds are, they won't give you a big verdict on those facts. A lawyer may or may not e able to help you get a better offer and he could also help you negotiate down any outstanding bills, but there will be fees associated with it, on such a small matter you may be better off cutting a deal with your chiropractor.

    All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

  6. No. If you think you will be treated fairly without counsel, you would be wrong. hire a local personal injury attorney and let him or her handle. You did not indicate whether you are still having issues. Please do yourself a favor and hire counsel.

  7. As long as you do not have an attorney representing and protecting your interests, especially from yourself, the offers are not going to be fair.

  8. Your best course of action will be to hire a personal injury attorney. It appears they are only offering to compensate you for economic damages. Talk to an attorney to find out what would be reasonable for pain and suffering.

  9. Since you sustained injuries, you need a lawyer to get maximum compensation as opposed to pennies.

  10. Texas does not really regulate claims handling practices and it lets insurance companies act like that. Other states have taken steps to make sure the victim's are not abused twice, such as requiring companies to spend on claims a percentage of the premiums they collect, and not letting the insurance company hire in house employees to handle the lawsuits (at little cost to the insurer).
    Some carriers have taken a very hard nosed approach to the minor impact cases and force the victim (and also their own insured) into litigation which would be unnecessary if they had made a fair offer.

    The real dilemma is that to try the case a personal injury lawyer will need to spend money in depositions, filing fees, gathering of records, making trial exhibits etc., and that adds up. Also the time of the attorney must be factored in to the equation (from the lawyers perspective).

    If you can find an attorney to take your case, that would be an option for you to consider.

    Also, if you have PIP insurance (personal injury protection) on your own auto policy you should consider filing that claim and also getting your medical providers to reduce their bills, if they have not yet been paid (particularly the chiropractor).

    If your health insurance company paid the bills you may want to get them to reduce their subrogation interest (payback) and most will work with you in that regard.

    Texas recently passed a law which goes into effect soon which will help with reducing what you have to pay a subrogation interest (in some cases).

    In short, in Texas when the property damage is not mush it is very hard to get a fair settlement on your own and also hard to find an attorney who will take the case. Be prepared to call several lawyers, if you decide to go that route.

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.

  11. No, it is not fair. Insurance companies have become used to injured people taking the low offers that do not even fully compensate for the injuries or medical bills. I suggest you contact a local personal injury attorney who is experienced in car wreck cases.

  12. My opinion is no. While I don't think this is a large dollar case, the amount offered is not fair. You should call an attorney today to help you with this case.

  13. The good news is that you have an offer and liability appears clear based on the adjuster's willingness to pay you for your injuries. However, insurance companies typically have what they call "lawyer represented" adjusters who handle claims of people who have retained lawyers. These adjusters typically have more monetary authority than adjusters who deal directly with the injured victims. With that said, typically offers can be higher if you have a lawyer. There is significant truth to the saying you get what you pay for and not people should not handle every situation on a "do it yourself" basis. Handling personal injury claims are, in my view, replete with pitfalls for the inexperienced, particularly non-lawyers who seek to represent themselves. For more information, feel free to email me at or call me at 1.866.705.7584.

  14. In my opinion, this amount is not fair and just. Though this case may not be worth an extraordinary amount of money, you may be entitled to recovery of not just economic damages, but compensation for pain, suffering, and in some cases, exemplary damages.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between The Law Offices of Ronald A. Ramos, P.C. and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

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