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Negotiation with Mrs. Big ;Insurance Adj.

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shortnphatt

Junior Member
What is the name of your state? Oklahoma

:eek:

Long time lurker; first time poster. thank you in advance for your recommendations.

Last October the 17th my wife (40 yrs) was in a collision. she was advancing through a four way intersection after stopping and clearing the intersection visually. She was hit broad side by a young man (23 yrs) in an 03 Cobra.

Mr. at fault immediately got out of the car and checked on my wife; Luckily no severe flesh wounds or broken bones on either party. Mr. at Fault admitted that he was texting his boyfriend and did not even see the stop sign, (although he lived three houses past the sign) and did not brake thus t-boning my wife. Mr. at Fault was ticketed for running stop sign.

Her vehicle was totaled; barely drivable and she drove home. I settled the vehicle loss.

My wife had (12) P.T. visits, and several PCP and Specialist visits, again no broken bones. She has no history of any physical aliments, nor has she suffered any prior injuries due to accidents or injury. She was diagnosed with Sprain/strain of T; sprain of neck; cervical sprain; thoracic strain and other soft muscle tissue injuries.

All correspondence with adjuster was signed over to me the day the adjuster contacted us. I have been dealing with Mrs. Big since day one.

After I procured ALL documentation from ALL physicians and specialists Mrs. Big mad the offer of $3700.00 to settle (this is about $500.00 less than total of all bills/medica);she did not miss any work by scheduling appts. after work day.

She Mrs. Big stated that since my wife did not seek treatment for 8 weeks, ( this is the time frame where she felt better after initial treatments and the P.T. advised her to take 8 weeks and continue exercises at home to manage her pain and get back w/them if she did not feel 100%) she was being unreasonable, and that she would not cover the additional 4 visits later prescribed by her PCP to seek more P.T.

I have consulted counsel but at this point have not decided to hire as of yet.

Mr. At Fault has 25K of insurance for med.

My questions

1) On the settlement offer, Mrs. Big says that her offer will be revoked in 14 days if it is not accepted. Is this normal practice?
2) Can she legally say that an 8 week period is not reasonable/or negligent in treating pain even after the P.T. had ordered this?
3) What if any amount 25K or less is unreasonable for me to ask if the accident temporarily altered my wife's life style, AND mine for that matter in the act of care taker....

What advice would you give me if I decide to settle w/out counsel..???

Thank you.
 


seniorjudge

Senior Member
...

1) On the settlement offer, Mrs. Big says that her offer will be revoked in 14 days if it is not accepted. Is this normal practice?

A: There is no such thing as "normal practice". They can withdraw the offer after 48 minutes if they want to.



2) Can she legally say that an 8 week period is not reasonable/or negligent in treating pain even after the P.T. had ordered this?

A: She can legally say anything she wants.



3) What if any amount 25K or less is unreasonable for me to ask if the accident temporarily altered my wife's life style, AND mine for that matter in the act of care taker....

A: The key there is "temporarily." If your wife has no permanent and serious physical injury, I'd take the money as quick as a bunny and head for the bank. Don't give any to a lawyer.
 

moburkes

Senior Member
And, I'm guessing that you mean that the at fault driver has $25k for "bodily injury", not for "medical payments", which is for the people (himself) in HIS vehicle, not yours.
 

shortnphatt

Junior Member
correct; yes that is correct

moburkes said:
And, I'm guessing that you mean that the at fault driver has $25k for "bodily injury", not for "medical payments", which is for the people (himself) in HIS vehicle, not yours.
 

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