What to do I am in the process of trying to negotiate a settlement with the claims adjuster from the at fault-driver’s insurer?

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What to do I am in the process of trying to negotiate a settlement with the claims adjuster from the at fault-driver’s insurer?

I was rear-ended about 15 months ago. I have about $10,000 in medical bills and have provided all medical records bills and everything they have asked for, yet they will not even move from their offer of $6800. I have written a settlement letter listing all my injuries and what not and demanded $39,775 and she still wouldn’t budge off of the $6800. I have just emailed the supervisor of her to see what the situation or problem is. How can I get what I want and how can I get her to move off of $6800?

Asked on February 27, 2013 under Personal Injury, Missouri

Answers:

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

Answered 8 years ago | Contributor

The amount in the demand letter is never the amount at which the case settles.  The case settles for considerably less; however, $6800 is unacceptable since it doesn't even cover your medical bills.

Compensation for medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the information in the medical report which documents the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.  If you have fully recovered from your injury, a realistic settlement would probably be $15,000.  If you are having residual complaints of pain or will need future treatment and those items are documented in the medical report, $18,000 would be a reasonable settlement.

In cases where the insurance company's settlement offer is unacceptable, your recourse is to reject the settlement and file a lawsuit for negligence against the at-fault party.  You will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 

 


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