Should I settle my insurance claim for what the car insurance company is offering?

I was rear ended, Person who was at faults insurance company paid for damage to my car, which was $1300. My Medical bills are $1400, 10 physical therapy treatments. State Farm is offering me $1200 pain and suffering, $800 for the 20 hours I spent with treatment. Seems kind of low

Asked on June 26, 2009 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the damage to your car was paid for already, then you are out of pocket $1,400, being offered $2,000, so you're net $300 ahead. While there's no harm in trying to negotiate up a little more (such as asking about why there're not paying full cost for the phys therapy, and trying to get some or all of the $600 difference), unless you have suffered some long-term loss of function or lost significant wages by being unable to work, you are unlikely to get enough more to justify taking legal action. So talk to the insurer, so if you can't get abit  more, but otherwise take it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.