Expert Advice When You Need It Most

Should I hire an attorney , Got rear-ended. Insurance company is trying to rip me off I think.. :)

i got in an car accident in may. got rear-ended. not my fault. the other car's insurance Allstate took the liability and paid for my car damage of 5000 bucks. after getting evaluated by MD, i got the treatment for massage and physical thp till 8/30. today the insurance adjuster from Allstate called me and left me a message saying that "i want to discuss your claim, i owe you medical bills and pain and suffering. today i would like to make an offer for pain and suffering alone for $1500. please get back to me so we can discuss this". why is she making an offer today for pain and suffering alone? what about the medical bills? I'm sure she hasn't received all the bills from my doctors since my last treatment was 3 days ago. do you think $1500 is reasonable? if I settle the

Save

Attorney answers (5)

Avvo Pro

Reputation Level 10
I agree with the prior post -- that you should definitely consult with an experienced personal injury attorney before considering any settlement. Whether or not you need to actually hire an attorney will depend on a review of all the facts surrounding your case. Remember that insurance adjusters are trained to try to pay you the least amount of money possible. The know that by contacting you early, they may convince you to make an agreement before you really understand fully how the accident and injuries may have affected you. I put together a pretty comprehensive website on personal injury claims, that I think helps answer a lot of questions. Hopefully you find this information helpful and good luck to you.
3 people marked this answer as good

Avvo Pro

Reputation Level 12
Sorry to hear about your accident. Should you consult an attorney? YES! Should you hire an attorney? Maybe.
Insurance companies (particularly a few choice big ones) routinely try to take advantage of claimants by low-balling claims. Not right, but happens all the time. Only an attorney in your local area can tell you honestly what your case is worth. Many factors go into valuing a claim, including what the jury makeup in local courts is like, how badly you were hurt, what the other person was doing at the time they hit you, etc. Most personal injury attorneys will offer a free consultation. You should meet with an attorney and ask them what they think the value of your case is, or how they would evaluate it. I would strongly encourage you to seek legal advice BEFORE you call the adjuster back. If you settle the pain and suffering, you will release them from any additional pain and suffering, and maybe from any other claims for damages. You should also wait enough time to make sure that you have an adequate understanding of your injuries before you try to settle anything.
1 person marked this answer as good

Avvo Pro

Reputation Level 11
Please check out my answer to your companion question. Best of luck.
1 person marked this answer as good

Reputation Level 10
At this juncture, you should get a free consultation with a lawyer to explore your options.

Negotiating the pain and suffering claim separate from the medical bills is uncustomary for insurance companies, and if anything, is likely a tactic Allstate is using to get you to sign a release with only some of your medical bills paid. The moment you sign a release with Allstate, you are forever losing your right to sue them.

An experienced lawyer will provide you with the strong advocacy that you need in this situaiton - listening to your story, notifying Allstate that you are represented, ensuring all your medical bills are getting properly taken care of by PIP or health insurance - and then making a demand with Allstate for medical bill remibursement + pain and suffering. If the offer is too low (which, based upon the extent of property damage to your vehicle and active medical treatment, the $1,500 is LOW and not even near the low range of reasonable), then the option of filing a lawsuit can be explored.

Good luck in taking on Allstate. It's a fight, but with the right attorney who unrelentingly advocates for you, you will win the fight and be made whole again.
1 person marked this answer as good

Reputation Level 10
At this juncture, you should get a free consultation with a lawyer to explore your options.

Negotiating the pain and suffering claim separate from the medical bills is uncustomary for insurance companies, and if anything, is likely a tactic Allstate is using to get you to sign a release with only some of your medical bills paid. The moment you sign a release with Allstate, you are forever losing your right to sue them.

An experienced lawyer will provide you with the strong advocacy that you need in this situation - listening to your story, notifying Allstate that you are represented, ensuring all your medical bills are getting properly taken care of by PIP or health insurance - and then making a demand with Allstate for medical bill remibursement + pain and suffering. If the offer is too low (which, based upon the extent of property damage to your vehicle and active medical treatment, the $1,500 is LOW and not even near the low range of reasonable), then the option of filing a lawsuit can be explored.

Good luck in taking on Allstate. It's a fight, but with the right attorney who unrelentingly advocates for you, you will win the fight and be made whole again.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now