Auto Insurance Claims: Third Party Liability Claim - Allstate, third party liability, general damages

Question
Try to keep this short...
I was rearended by an Allstate driver, they accepted full liability. I already had pre-existing cervical and lumbar herniations and was very concerned what this impact may due to me down the road.  So far from the treatment I have had, which has been PT, several visits to an occupational med doctor (work related injury) and a CT scan done at the hospital post the ax, they tell me I look ok so far.  I asked to be relased back to full duty, as the multiple visits were taking a toll on my work schedule. I like to be honest and up front and dont play games to seek money.

I sent a thorough letter to Allstate indicating the special and general damages I had incurred due to the loss.  I also indicated that while feeling better, still had pain and difficulty doing some everyday functions, beyond what was there prior, due to my pre-x condition.  I asked them to tender their policy limits (10k) less any work comp lien, in a timely and equitable manner, to extinguish the exposure against their insured.

I knew full well, they would not tender that amount of money, due to position that there was no permanent damage per Florida Statue...I did expect them, however, to step up to the plate and offer me something beyond my PIP out of pockets to protect their insured and get a release out of me.

They called me to acknowledge receipt of the demand and flat out said that per statute, they dont owe me anything and were offering me -0-.  I told them that it appeared to me that it would be in their best interest to secure a release to protect their insured, and all I got was a lecture about lack of permanent injury.  They still insisted that they would pay -0 -except out of pockets and the work comp lien of about 2k.

While I understand they dont have to pay by statute, why would anyone want to leave their insured exposed that way with the hopes you will go away.  As it is, I really am not protecting my best interest by not treating further, there is a good possibility that with the way I feel that a doctor would say that I am now a surgical candidate due to the exacerbation of my pre-x.  I am also an Allstate insured and it seems to me like they are just begging for a UM claim. At some level, I almost feel like their is bad faith here.  If you know you have the potential to have an expensive claim due to pre-x, why would you not take the safest route and offer a few grand to make it go away before it heads that direction.  

Any thoughts??  Thanks

Answer
Ms. L,

They are denying you because they can and it's the way they can make the most money.  They don't really care about your claim and are simply playing a numbers game of brushing everyone off and hoping that only a few will actually fight them.

My experience is that they are not scared of bad faith claims unless your injuries are very severe so as to expose them to hundreds of thousands of dollars in excess liability.  The fact that you haven't hired a lawyer yet is telegraphing to them that you are one of the ones who will walk away.

I'm sorry to say that this is just how big insurance works...

My suggestion would be to get every bit of treatment you need and to engage an attorney to commence a lawsuit.  Allstate is notorious for this kind of activity.

Regardless of their soft, soothing TV commercials - you are not "in good hands."

Best regards,

Ernest Ferraro