What to do if the driver who rear ended me has a 25/50 policy but his insurance company will not settle for more than $10,000?

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What to do if the driver who rear ended me has a 25/50 policy but his insurance company will not settle for more than $10,000?

My portion is $3500 but I’m still in so much pain. None of the doctors/chiropractors I went to helped me; Their bills were reduced from $18,000 to $3,000. The auto ins. company is arguing that I missed appointments and I went to 3 different places for treatment. I also have a major phobia of being in a car since that accident

Asked on October 24, 2013 under Personal Injury, California

Answers:

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

Answered 7 years ago | Contributor

You can reject the settlement offer and sue the at-fault party for negligence.  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.  CA has a two year statute of limitations in personal injury cases which means your lawsuit for negligence must be filed prior to the two year anniversary of the date of your auto accident.

Your phobia of being in a car can be treated by a psychologist or psychiatrist, who will write a report documenting your treatment.  Compensation for the medical bill is straight reimbursement.  The medical report will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

Unfortunately, an insurance company regards missed appointments as not being seriously injured which may result in a low settlement offer.


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