settlement offer; need advice asap

reeve99 · #1 09-12-2008, 09:41 PM

What is the name of your state (only U.S. law)? Flrorida

I was in a head on car accident April, 2005. Car crossed lanes and hit me head on. Settled property immediately. Sustained broken nose, 20 stitches from the corner of my eye through my eyebrow; disc herniations in cervical and thoracic. 1 year after accident; started having sciatic pain. 1 epidural to thoracic and 2 to lumbar. Have accrued 75,000 of filed medical bills to my health insurance. Contract amounts ended up being 18,000. I have paid over 10,000 out of pocket as I didn't qualify for PIP (moved to florida when accident happened and didn't fill out a change of address with insurance and it was a temporary move).

Today. I received the offer. $60,000 which 28,000 must go toward health insurance so I get 32,000. I still have to get my nose rebroken and set (some breathing problems) and try to get scard reduction for my face. so figure at least another 10-15 is going to go toward plastic surgery. I guess I should have this done before i settle huh?

They told me since my sciatic pain came over 1 year after accident; it has nothing to do with accident and isn't related so this is why offer isn't more.. My problem is if car insurance states it isn't related how can health insurance put a lein on the settlement? Why wouldn't it be related anyway? Seems ridiculous to me.

I was close to settling before I realized I had to pay the 18,000 back to the health insurance. What should I do to resolve this and get the settlement closed. Would an attorney be more proactive in this situation or am I so close that i can resolve w/o filing suit.

thanks for any feedback/advice

swrdmbo · #2 09-12-2008, 10:44 PM

Usually an offer is just that. If you would have been happy with the 60,000 tell them that you will accept the 60K and they pay the 18K medical bills.

The worst they will do is say no, and counter. Just be sure you will be happy with that,and know what costs you will have to pay out of pocket in the future. Good luck.

ecmst12 · #3 09-13-2008, 12:09 AM

Health insurance put a lein on the settlement because you told them that it was related. Most likely it is not, they are right. You should be able to have the health insurance drop the lein on that part of the treatment since it was unrelated to the accident. It's not related because it didn't present until a YEAR after the accident! It's not rocket science. The accident *may* have made you more predisposed to developing the problem, but that's impossible to prove, and it's an indirect link anyway. The problem has to be DIRECTLY due to the accident to be considered as part of the claim.