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  1. #1

    Default Insulting Low Settlement Offer

    My question involves an injury that occurred in the state of: CA
    Hello everyone,
    I was involved in a car accident last year in Sept and immediately hired a lawyer. As it was the other driver's fault and my car was totaled, the attorney suggested that I have a very good case and sent me to:
    - chiropractor;
    - orthopedist;
    - eye doctor;
    - MRI
    I was hit in the driver's door (I was the driver) and my left arm, upper back and shoulder were in pain for months. I still have difficulties performing usual activities due to upper back pain. MRI did not show anything significant though.
    The eye examination was for double vision that occurs on occasions, after the accident. I never wore glasses or have vision issues, however the ophthalmologist declared me ok.
    Intermediately after the accident, I went to ER for a CAT scan and that didn't show anything abnormal either.
    The lawyer wants to settle the case and collects the medical bills amounting 13k.
    The insurance responds with 20k counter-offer maximum, and the attorney tries to convince me that this is expected in my case. He discouraged me from filing a lawsuit against the other driver's insurance company.
    I'm considering hiring another attorney, as the current one doesn't represent me well. Instead of asking a greater amount, he tries to convince the medical providers to lower their bills.
    A loss of income of $2,000 (2 weeks off work recommended by a MD) will be added to the lump sum.
    As my back pain will require further medical attention, I'm totally disappointed with the current trend of negotiations.
    Should I contact my insurance company and hope from any help from them?
    Any advise is appreciated.

  2. #2
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    201

    Default Re: Insulting Low Settlement Offer

    If you have medical coverage or underinsured motorist coverage you could make a claim with your own company. But your attorney should already be doing that. If you don't have those coverages, there is pretty much nothing your company will do.
    Insurance Adjuster - Auto Property Damage

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Insulting Low Settlement Offer

    It sounds like you went to a lawyer complaining of a host of medical problems suggesting possible orthopedic injury, possible traumatic brain injury, and other serious concerns but, when you actually saw doctors and underwent testing, none found any objective basis for your various complaints. (You either have or don't have double vision - you don't need an ophthalmologist to tell you that.) I suspect that the problem here is that the insurance company thinks you're exaggerating and/or malingering. Have you gone through an IME with the insurance company's doctor?

    The at-fault driver would be the defendant. His insurance company is not a proper party to the lawsuit.

    What are the policy limits? If by "The insurance responds with 20k counter-offer maximum" you mean that the policy limit is $20,000, you can verify whether you have underinsured motorist coverage; but if that's simply their best offer and it's below the policy limit, underinsured motorist coverage won't apply if you settle for below the policy limit.

  4. #4

    Default Re: Insulting Low Settlement Offer

    Thank you very much for your advises! I'm seeing my current lawyer this Friday to discuss the case. In the meanwhile, the insurance company raised their offer to 26k. I'll keep you posted.
    Thank you again, this is a valuable source of advises, I'm very grateful I've "discovered" your site!

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