Why am I unable to acquire a settlement from an auto insurance accident that was not my fault?

Asked almost 2 years ago - Milpitas, CA

The insured party that hit me was at-fault and I am also insured. Me and three other people were parked at a complete stop when a negligent driver on their cell phone hit all four of us. I filed a claim and it has been a month and a half but the insurance company is eluding me. They also asked me to settle for $500 for personal injury. I feel I have been bamboozled.

Attorney answers (11)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    29

    Lawyers agree

    Answered . Because without a lawyer anyone would either get #1. no money or #2. a tiny nuisance settlement. Get represented by a personal injury lawyer who will fight to get you the maximum possible compensation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Robert Max Klein

    Pro

    Contributor Level 15

    24

    Lawyers agree

    Answered . Whenever you are involved in an accident and suffer any kind of injury, you will always be better off hiring a lawyer to represent you rather than trying to handle the matter on your own. You can pick any analogy which you like: performing surgery on yourself, getting into a boxing ring fighting Mike Tyson, or you name it. An insurance adjuster is trained to make the lowest offer saving the insurance company money. Ordinary people simply don't have the same training, making it difficult to get a fair settlement. My recommendation is for you to consult with a personal injury lawyer in your area. Almost all personal injury lawyers provide a free consultation and will handle your matter on a contingent fee basis, meaning it will not cost you any money to retain a lawyer as their fee will come out of the settlement. Good luck.

  3. David J. McCormick

    Contributor Level 20

    22

    Lawyers agree

    Answered . Most people who are unrepresented will receive a better result if they hire an attorney. Insurance companies either lowball you in the hope you will take the money, or they ignore you hoping you will go away.

    Contact a local personal injury attorney ASAP. Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Andrew Daniel Myers

    Contributor Level 20

    21

    Lawyers agree

    Answered . Bamboozled is a good word for what the insurance industry will do to you even though you were not at fault and their insured customer was at fault. A month and a half is nothing to wait for a settlement.

    Your claim is on the bottom of the claims adjuster's pile because you do not have an attorney indicating to the insurance company that you are in fact serious. The insurance industry's own statistics confirm that once an attorney is brought into a claim, the value at least doubles.

    Here's information on the claims handling process itself: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. Steven Mark Sweat

    Contributor Level 19

    19

    Lawyers agree

    Answered . If you were injured, you should hire an attorney immediately. Insurance companies are in the business of settling claims on the cheap and "bamboozling."

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Paul J Molinaro

    Pro

    Contributor Level 18

    19

    Lawyers agree

    Answered . Insurance companies are professional bamboozlers... and this should come as no surprise... they are in business to make money, and they do not make money by paying out money... as good as insurance adjusters and their lawyers are personal injury attorneys need to be too... the only way a person who has been a victim of someone else's negligent driving can level the field is to hire a competent and experienced personal injury lawyer. It really is that simple.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com
    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  7. Ilya Demetrios Frangos

    Pro

    Contributor Level 9

    18

    Lawyers agree

    Answered . Any time that you are involved in any type of incident that involves an injury, you should immediately talk to a personal injury attorney, preferably from your home area. Our office for example provides free consultations in personal injury cases where we meet with prospective clients, evaluate their case, and map out possible courses of action that the client can take.
    Even if the attorney chooses not to accept your case, at the very least you will have had a face to face conversation with someone experienced in these types of cases. The attorney will either accept your case or guide you in your efforts to seek a settlement on your own. In some cases you may even benefit from pursuing your case in small claims court. It all depends on the facts and circumstances of your respective case.

    Insurance companies will attempt to save the most amount of money they can on any type of case, no matter the injury, so it is not uncommon to get low settlement offers or claims that drag on. That is why you should see what options you have for your particular case by talking to an attorney.

  8. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . they are lowballing you because you are not represented or if you are they have a jacket file on your lawyer and know they do not try cases. Contact a lawyer ASAP.

  9. Jeffrey Edmund Estes

    Contributor Level 4

    15

    Lawyers agree

    Answered . I need more facts regarding your claim. It sounds like liability is ciear, but the viability of your claim depends upon damages which need to be established. Factors include, the amount of damage to your car, whether or not you were wearing your seat belt, whether you were injured, if injured when you first went to see a doctor, the amount of your medical bills, who paid your medical bills, whether you have health insurance, whether you still have symptoms from the accident and your previous medical history. If it was a minor accident, you can simply go to small claims court and sue the driver of the other car. If you believe that the insurance company is ignoring you, you can file a complaint with the Department of Insurance. Depending upon the foregoing dicates if you need a lawyer.

    The information provided does NOT create an "attorney client" relationship with JEFFREY E. ESTES, PROF LAW... more
  10. Lisa Douglas

    Contributor Level 13

    14

    Lawyers agree

    Answered . Given the limited amount of information you provided, it is difficult to give a comprehensive answer. I didn't see anything in your question about the amount of damages you sustained. If you did not have any bodily damages then the insurance company is providing a minimal amount to resolve any issues. The personal injury portion of these cases are determined by the amount of bodily injury you sustained. So from your question i can't tell if you sustained any personal injuries or not.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client... more
  11. Michael Ryan Juarez

    Contributor Level 16

    12

    Lawyers agree

    Answered . The insurance company is negotiating with you. As with any negotiation they are trying to get a result that is best for THEIR business. If you demand more and they do not budge your'll have to take them to court. Your will obtain a better result with an attorney who is ready for court.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
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