why and if there insurance final offer is this who has to pay medical?
In most states, the insurance carrier's offer is inclusive of your medical bills. Because you are in Florida, your medical bills may be subject to the states' no fault laws and may have been paid to a limited amount under your own no fault coverage. My understanding of Florida's Personal Injury Protection Coverage (PIP) is that you must pierce a certain disability raiting in order to maintain a tort claim or a claim for pain and suffering in addition to your out of pocket costs, i.e. medical bills and lost wages. You mention that you have a lawyer. I suggest you obtain an itemization from your lawyer of the medical expenses covered to date and review the balance of the coverage available under your PIP coverage. In addition, ask your lawyer about whether you have pierced the threshold for a tort claim under Florida law. In relation to your comment about interrogatories, those are just written questions used in discovery. Your lawyer will be able to draft your responses with your input.
It is hard to evaluate a case from afar. The "interrogatories" your attorney refers to are a series of questions that parties to a lawsuit are entitled to ask one another, with the other side then required to provide answers under oath. Your attorney can explain this and the other aspects of "discovery".
It sounds like the insurance company has given you a classic "lowball" and that the case will need to be litigated.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Since I assume you are still represented by attorneys, I will only provide general information. You need to set an appt ASAP with your attorneys to discuss the specific details.
When no police crash report is filed anbd no immediate medical attention is sought, the insurance companies always see these factors as evidence to prove that the crash was so minimal that the injuries werent related to the crash. While the insurance companies usually argue that if a person was truly injured they would haveimmediately sought treatment, many times soft tissue injuries do not become symtomatic for many hours - and often are first felt when getting out of bed the following morning. Your treating physicians should be able to verify this.
If a lawsuit is filed, the defense asttorney will send interrogatories to the plaintiffs. These are merely written questions regarding the issues involved in the lawsuit and are nothing to be feared.
Once again, speak with your attorneys to get their advice on how best to proceed.
Robert E. Heyman, Esq