Compnsation

What is the name of your state? CA

Was rear ended, minimal damage to Expedition, but suffered whiplash and soft tissue damage. Missed approx. 40 hours off work. Insurance Company will pay for medical bills totalling $5,500, but will not pay for pain & suffering or time lost off work. Should I persue?

BeverleyM said:

What is the name of your state? CA

Was rear ended, minimal damage to Expedition, but suffered whiplash and soft tissue damage. Missed approx. 40 hours off work. Insurance Company will pay for medical bills totalling $5,500, but will not pay for pain & suffering or time lost off work. Should I persue?

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My response:

Why not?

You got something better to do with your time? Join the rest of the crowd!

IAAL

To I am always liable

Any suggestions? Many lawyers I find are not interested as they're not making megga bucks.

Re: To I am always liable

BeverleyM said:

"Any suggestions? Many lawyers I find are not interested as they're not making megga bucks."

My response:

Either keep looking for an attorney, or decide whether it would be worth your time to sue the other driver in Small Claims Court. SM Court has a $5,000.00 damages limit, so if the insurance company has already paid your medicals, then sue the driver for "General Damages" (Pain & Suffering, inconvenience, etc.), including any lost wages.

If you're married, have your husband file his own, separate, lawsuit against the driver for his "Loss of Consortium".

IAAL

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Definetly! I am in the exact same situation but, the insurance company after 8 months finally offered a very low settlement, I declined and told them to contact me when they had better numbers. For instance, in my county it is normal for insurance compnies to pay you AT LEAST 2.5 times the amount of the medical expeses accrued. If you start negosiating with the insurance company, don't let them take advantage of you, know your facts. They get a little paranoid when you tell them how to do their job. Make sure when you settle that they are paying you money seperate the the PIP (Personal Injury Protection) They will try and screw you that way by offering you a lump sum, but it is really going to pay off the medical expeses that they need to pay seperate the the pain and suffering settlement. Good luck with this, I hate dealing with insurance companies. Remember, they are not looking out for you or your interests, they just care about paying as little as possible.

saranf said:

Definetly! I am in the exact same situation but, the insurance company after 8 months finally offered a very low settlement, I declined and told them to contact me when they had better numbers. For instance, in my county it is normal for insurance compnies to pay you AT LEAST 2.5 times the amount of the medical expeses accrued. If you start negosiating with the insurance company, don't let them take advantage of you, know your facts. They get a little paranoid when you tell them how to do their job. Make sure when you settle that they are paying you money seperate the the PIP (Personal Injury Protection) They will try and screw you that way by offering you a lump sum, but it is really going to pay off the medical expeses that they need to pay seperate the the pain and suffering settlement. Good luck with this, I hate dealing with insurance companies. Remember, they are not looking out for you or your interests, they just care about paying as little as possible.

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My response:

Saranf, California doesn't have "no-fault" insurance. California is a "Fault" tort State - - and thank God for that!

Everyone's State whose voters voted for "No-Fault" or whose Legislators passed that law, got suckered by the insurance companies. The only people who gained by "No-Fault" were the insurance companies, even though they promised that the "claims process" would be easier, and that insurance premiums would dramatically decrease. Well, neither happened.

So, your response really isn't cogent to our California writer's post. But, thanks anyway.

IAAL

SARANF

Many thanks for all your advice. The problem we have is that the Insurance Co is refusing to pay our medical bills until we agree to sign off on the settlement. The hospital, chiropractor, etc want their money and will take us to collections. How can I reason with the Insurance Co? They say that they don't even believe there was an injury as our vehicle only sustained $300 damage. Why should we be discriminated against just because we drive a safer car. If we had been in a saloon car it would have been a write-off. I asked the adjuster if I hit him over the head with a baseball bat, just because the bat wasn't damaged did that mean that his head suffered no injury? Where do we go from here? I thought that Insurance meant that they promised to return you to the same condition as before. I have received more stress from the Ins Co than the accident............but isn't that what they want us to do so that we will settle?

Beverly, I totally understand your frustration. The damage to my car was minimal but the physical affects were sure there. My insurance company paid my medical bills and is going after the kids insurance company for rembursement. I would see what the company wants to offer you for a settlement, if it is ridiculous, hire a lawyer. The ones here take 35% of the settlement, but they can also help you get a bigger settlement then you would have had if you do it alone. It is possible to get paid up to 10 times the amount of the medical expeses for your treatment. I am asking for 3 times the amount in my case and they are still trying to negotiate. They call me with different offers, but I keep saying no until they meet my numbers. I started going back to physical therapy, so I am sure once they realize they still have to pay for my medical expeses, they will except my settlement requirements. The insurance company I am dealing with, is located in California. They are a pain. Don't sell yourself short, stick with it.