What do I do....I sent a demand letter and they have not....

by Momof2 » Tue Jan 19, 2010 08:57 pm
Posts: 19
Joined: 05 Nov 2009

responded yet. I gave them until the 21 and it is just 2 days away, what do I do if they do not take me seriously. Are they just waiting until the last minute to respond to keep us ready to pounce.

Total Comments: 7

Posted: Tue Jan 19, 2010 09:40 pm Post Subject:

They called and offered me all bills plus $3000 for pain and suffering...the med alone was almost $8000 are they nuts?

Posted: Tue Jan 19, 2010 10:07 pm Post Subject:

So really they offer you about 11K. If I remember correctly, you were going to ask for around 34K. Their offer is a starting point for them and your figure is a starting point for you. You now have to come back with a counter offer. You also have to know where your bottom line is, as they know what their "top" line is.

In my opinion, your counter offer should be something that shows them you are willing to work with them and should also help you figure out where they want to be. Come down a few thousand dollars (say 4K). If they only go up a few hundred or maybe 1K, you will have a better idea where you think they want to end up. If they come up a few K, then you will know they have some room to work.

Posted: Tue Jan 19, 2010 11:43 pm Post Subject:

They said there final offer was 3000 that was there only offer. She told me that her managers max was 3000 and that was all anything else and I can contact a attorney which I did and they are willing to take the case but I dont know if i want to give them 33.3% or not.

Is there anything I can tell her to influence her to settle with me and not force me to get a attorney?

Posted: Wed Jan 20, 2010 12:22 am Post Subject:

Ok should I talk to the manager or write a letter with my new demand amount written out?


I have another question can my husband seek additional medical treatment and turn it into the insurance as long as we have not come to a settlement?

He is still having problems (headaches and sleeplesness) and I have finally convinced him to go back to the doctor. He has a appointment Friday.

Posted: Wed Jan 20, 2010 04:48 pm Post Subject:

Yes if there are additional medicals, they can and should be turned in for consideration. If he is still having problems, once you settle that is it.

Is there anything that you can do to make them move....not really.

What you and your husband have to decide is how much do you want (or are owed) on top of the medicals. Then figure out what you would get after an attorney. Keep in mind that most of these don't go to court and many times attorneys that work for a cut (33%) want to close these as fast as insurance companies do. Lets say an attorney can get you 25K, that's at most 8,500 in your pocket after the 33% and medicals are paid. This could take months to a year to get settled.

Personally, I would make a counter offer in writing. I would acknowledge their full offer of 3K plus medicals, also adding that you were told it was their final offer. I would then make a counter offer stating that in a good faith effort to settle the claim our current offer is X. See what happens. What you have to realize is that if they are saying 3K is their final offer that you are going to have to come in near your bottom line. The worse thing that can happen is they say no they are only offering 3K, then you get an attorney.

Posted: Thu Jan 21, 2010 04:34 am Post Subject:

They told me today that they considered his concussion but that they had no other information supporting his headaches. He went back to the doc today and they said he had post traumatic stress disorder which has caused ulcers to form from the stress, they are sending him for another ct scan and sending him to a neurologist for the continued headaches.

Will it count against us since we had already started talking about a settlement? We truly were ready to settle thinking that the headaches would get better..but they have actually gotten a little worse.

Posted: Thu Jan 21, 2010 09:09 pm Post Subject:

Keep them informed and make sure they get all the medical information (records) involved for the accident. Might they question additional injuries...yes, but it is better you tell them about this now then in a month or later. As far as discussion settlements, nothing was agreed to...so it is almost like they have not happened.

Add your comment

Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.