QuestionMy vehicle was struck from behind while stopped at a red light in Feb 2011, the other driver admitted fault in the police report stating he wasn't paying attention. I had a back injury and was prescribed physical therapy which i went to and could not complete because it conflicted with my work. My medical bills are currently just above $5,200. The insurance company offered me $1,000 over my medical claim. I countered with $15,000 and they countered with $6,500. I am still experiencing back pain to the point I need to continue taking the narcotic pain medication prescribed. Am I prematurely settling my claim? Also, I was placed on light duty and missed a lot of overtime, is overtime something that can be claimed as a loss? My $300+ purse was damaged along with the interior from a soda that was spilled, is that eligible to be claimed as well?
Answer Hello Megan,
Your injuries are clearly not stabilized. Absolutely you are settling prematurely. It appears to me that you are being presented with a "cashout". Here is link to a blog post that I just wrote discussing cashouts. http://www.floridaautoinsurancecentral.com/2011/08/03/bodily-injury-settlement-b
You need to continue with medical care. You need a final diagnosis. If you are taking strong medicine and are still in pain, I would strongly advise you against settling at this time. In fact, I would strongly suggest that you consult with a reputable personal injury attorney. You can search online. Check bar records of prospects. Your state bar might also have a referral service. Most personal injury attorneys will offer you a free consultation. Their fees are usually around 30 - 40% depending on whether a suit is filed. Payment is deducted when you receive your settlement.
Yes, loss of earnings is part of your loss.
As for your purse, yes that is covered. Insist that you receive compensation.
I wish you well. Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
