I got in a car accident where I was rear-ended

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I got in a car accident where I was rear-ended

The other driver’s insurance company
paid to have my bumper repaired but now
they don’t want to give me any money
for my back which was hurt in the
accident. I am going to a chiropractor
for treatment. They want to see me for
four weeks, twice a week, which only
comes out to 320. I also missed two
days of work which comes out to 260…
The insurance company only offered me
300 total not counting the auto
repair.

Asked on April 10, 2017 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The $300 settlement offer is ridiculous.  The case cannot be settled until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated.
At that time, obtain your medical bills, medical reports, and documentation of wage loss, all of which should be included in your personal injury claim filed with the at-fault party's insurance carrier.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your 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 company, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit against the at-fault party for negligence.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
 


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