by Guest » Sat Jul 16, 2011 06:48 pm
I was injured in an auto accident in September 2010. I suffered a contusion to my head, neck and back pain, 2 abrasions, and was later diagnosed with post concussive syndrome. I filed a claim with the negligent drivers insurance company and they wanted to offer me 2000 more than my medical which is about 5500. My vehicle was in the shop for 3 weeks and those damages were about 3500. The company paid those expenses and supplied me with a rental. Is the offer given to me reasonable? The adjusted said I only suffered soft tissue injuries so the most my claim is worth is 2000 above repairs and medical. I personally feel this is unreasonable because I did suffer a mild head injury and was told there was no treatment available and I could only take a prescriptive med for my migraines and tension headaches as a result of the accident. I had consistent pain for about 3 months and still today, just less often get the same excruciating headaches. Is an attorney necessary? How can I handle this situation? Why will the insurance company not settle more than 2000? What is my claim really worth?
Posted: Mon Jul 18, 2011 09:24 am Post Subject:
a contusion [and] 2 abrasions
OK, in layman's terms: a bruise and two scrapes. Any Band-Aids?
What is my claim really worth?
No one here can tell you that. It will be worth whatever the check is written for.
Why will the insurance company not settle more than 2000?
How much have you asked for? What do you think your damages are worth?
Is an attorney necessary?
NO. You did not suffer any permanent injury. As detailed as your post is, you never mention losing any time from work, so mostly what you've experienced is some pain and its effects. Who's to say that your headaches today aren't due to some other cause? Many people go to emergency rooms complaining of headaches only to be told by the ER physician to see their dentist, because they need a root canal -- which is the source of their headaches.
If you want a real headache, hire an attorney. He might get you $5000, then take 30%-40% of that, leaving you with $3000-$3500. And it will take months to settle. You could get that much on your own simply by asking for it and probably have a check in a few weeks.
How can I handle this situation?
By being diplomatic and rational . . . and reasonable. They have paid almost $10,000 so far, and must have done so willingly, because you don't indicate that you had to argue for those payments. At most, you might be able to get them to increase their offer from $2000 to $3500-$5000 -- but you have to ask for it. Threatening to get a lawyer or take them to court is meaningless (because you don't sue the insurance company, you sue the at fault party).
As previously stated, your injuries are rather minor. Yes, headaches are inconvenient, but over the counter medication can make them tolerable until they no longer occur. Beyond $5000, I would think you are being unreasonable -- just my opinion.
Posted: Tue Aug 23, 2011 07:48 am Post Subject: LhMBuFVCeAGvEigvTzv
Holy conscie data batman. Lol!
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