QuestionI was rear ended 7 months.The driver of the other car was going 45 and I was sitting still getting ready to turn.The car was a complete loss.The ins company was very fair.It was my daughters car and she came out very good on it.I am 51 disabled due to Multiple Sclerois I had soft tissue injury to neck and shoulder on the right side.The impact broke the right side of the drivers seat.The adjuster is trying to settle with me his offer was 5000 I asked him if that was highest authority,was 6000 was his highest.I didnt take it.This wreck left me wih issures.I do not feel the same as I did before the wreck It started making me question how much longer I will be able to enjoy life.I sure havent enjoyed since then.My medical bills are 4515 and I still have pain in my shoulder and neck at times.My Dr told me it maybe something I have to learn to live.I live with MS already now this
Answer Hello Elizabeth,
First let me express sincere apologies for your losses.
Here's what's happening. The at fault insurance company is attempting a "cash out". What that means, is they are attempting to pay you for your out of pocket expenses plus a little extra. This is a very common practice. It enables insurance companies to get a release for all future claims without having to be concerned about a lawsuit. Too many people accept cash outs when they shouldn't.
You are entitled to your losses for pain and suffering, which are not as tangible as outright losses. This is not being considered here. Or at least it does not seem so.
The adjuster may or may not tell you what his maximum offer is, but understand it's all in the negotiation process. His limit may be $6000, but that does not mean that's all you can receive. Above the adjuster's limit comes the management limit.
If you want to learn more about claim settlements, I suggest you go to my website and read my articles. You can start with the following, link, but there are also related articles.
http://solutionsforyourinsuranceclaim.com/Insurance-Claim-Settlement.html
Quite frankly, I do not see where you can achieve a fair settlement without a personal injury attorney. Granted an attorney will take 30-40% of your settlement depending on whether or not it goes to trial. But generally your share of the balance will be greater than what you could receive otherwise. The only exception might be if the at fault driver only has $10,000 of bodily injury coverage. Then you'd be about even or slightly ahead.
If your damages exceed that limit, your only hope would be to claim on your own uninsured/underinsured motorist coverage? Do you have that available?
I strongly suggest you consult with a personal injury attorney. Their practice is to provide you with a free consultation prior to a decision. From there, they work on a contingency basis, meaning you do not pay until a settlement is reached.
You can search effectively online for PI attorneys in your area. Make sure that once you find some that look OK, that you also check their bar records online. In fact, some state bars actually provide referral information. "OK" means the attorney and/or the firm has experience in auto accidents and no obvious consumer or bar problems.
And if you do hire an attorney, remember the one thing that so many people forget - the attorney works for you, not the other way around.
I wish you well. Hope this will help.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
