I just can't settle!!! Arbitration?

[BsBfrantic]

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

I was in an accident in June 2007 with someone who was at fault and uninsured. The end of my time to settle a claim is coming up! However I am not at all happy with the $4,000 offer. It seems like an insult. Not only did I get neck and back injuries, but I also was 6 months pregnant. I had to get x-rays, be rushed to the E.R. had contractions from the time of the accident to birth in September (they tried to give me meds to stop labor multiple times when I was very pre-term) I thought I was going to lose my baby. I barely get in a car still and am mentally traumatized. I have documentation of all of this. I am thinking of filing uninsured motorist arbitration. Can someone tell me what exactly that does? Is $4,000 a common offer for this? I had med pay and they paid a few bills (About $8,000) the other my insurance paid. My insurance would have paid it all. They are saying I have to pay them back? Ridiculous. I can't stand my adjuster she is not a nice person and she is always asking personal information about me that doesn't even have anything to do with the accident. Maybe someone can make this clearer. Thanks =)

 

[ecmst12]

You need to either settle or try to find a lawyer who will take your case with such a short amount of time left.

You don't get compensated for what COULD have happened, only for what DID happen. You didn't lose your baby, I presume he/she was healthy and fine, so the only damages would be for the additional medical treatment that you needed prior to delivery. Mental trauma is only compensable if you received treatment for it (not to mention, if you'd gone to therapy right after it happened you would probably be much better by now). Yes, you have to pay back your health insurance and your med pay out of any settlement you receive, so make sure you get enough for that.

 

[azlawstudent]

Yes, you can get arbitration. First, you get a lawyer and file suit against the driver of the car that hit you. In many jurisdictions, arbitration is required for suits under a certain amount. Then, if one of the parties doesn't like the arbitrator's result, he appeals it to the trial court and the trial goes on. Some states require that the appealing party come out better at trial than arbitration (sometimes by a certain percentage), otherwise they must pay the other party's legal fees for the trial. If arbitration isn't required in your jurisdiction, your lawyer can still push for it.