Can we try for a small settlement?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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.

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