QuestionI was involved in an auto accident where I sustained a broken heel. Due to being involved with a hit and run driver, I opened a claim under my uninsured motorist coverage. After much research I wrote a demand letter requesting pain and suffering, future medical bills, loss of enjoyment, etc along with all my medical bills (I have no health insurance), and letters from my PT and orthopedic surgeon documenting the permanency of my injury along with receipts for child care, cleaning and lawn care. My coverage limit was 50/100, so I asked for 40k. Within two weeks the adjuster said no problem and I picked up a check. My question is this: in his letter he stated: "Accepting the enclosed payment will not prevent you from requesting payment of additional damages under your policy. If you feel you are entitled to payment of additional damages, please contact me immediately. The policy limits available to pay any additional damages for this claim are reduced by the amount of the enclosed payment." So my question is this: since there was no counter offer or negotiating, was my claim worth more than what I requested? Also can I ask for the rest of my limit for my claim, especially if I get an impairment rating from my OS? My instinct told me to ask for policy limit but I didn't want to get my hopes up. Thanks in advance!
AnswerHello Madsmom,
Well, I do not know if your claim is worth the limit without looking at the documents you presented (also in what state you live).
I do think that is weird that they took your first offer like that. Usually, adjusters will negotiate you down unless they think that you offer them a deal.
Can you open the claim again? Most likely not. Once you settle, you settle. However, I have not seen that specific language before, so there is a possibility.
Your best bet know is to talk to a local attorney and see what they think.
I hope this helps
Anne
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