Can we try for a small settlement?

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Can we try for a small settlement?

We were rear-ended and the other driver was ticketed, we all are suffering from

sore necks and stiffness, we are wondering if we can deal with the insurance ourselves? We are not looking to sue anyone but are wondering if we are due some sort of settlement?

Asked on February 22, 2017 under Accident Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Each personal injury claim is separate.  You need to complete your medical treatment and be released by the doctor or be declared permanent and stationary which means having reached a  point in your treatment where no further improvement is anticipated before any attempted settlement because you need your total medical bills,final medical reports and total documentation of wage loss.
Obtain your medical bills, medical reports, and wage loss at that time.  If you settle the case now, you can't go back to the insurance company later and ask for more money.
Compensation for the medical bills is straight reimbursement. The medical reports document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
You can negotiate with the insurance company, but it is not advisable. Yes, each occupant of your vehicle receives a separate settlement.


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