How do you come to an agreement with the responsible party’s insurer?
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How do you come to an agreement with the responsible party’s insurer?
My wife’s vehicle was hit and rolled over. She has a forearm injury and will left with a large scar. Her vehicle was totaled and she’s been having nightmares and is nervous about driving now.
Asked on May 5, 2015 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The property damage to the vehicle is separate from the personal injury claim. The property damage is usually resolved early in the case.
When your wife completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports, and documentation of wage loss. Her personal injury claim filed with the at-fault party's insurance company should include these items.
In addition to treatment for her physical injuries, she can receive treatment from a psychologist or psychiatrist for the nightmares and being nervous about driving which should be included in her personal injury claim.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her 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.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the at-fault party's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled with the at-fault party's insurance carrier, the lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights in the matter forever.
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