Comments on: When dealing with auto accident claims when you are not at fault, how do you know if the settlement is fair?

By: Lawnboy & Luna

Lawnboy & Luna — Mon, 08 Mar 2010 07:58:59 +0000

Did the insurance company actually tell you that your are not entitled to compensation for your pain and suffering, or did they tell you that you do not meet the threshold requirements for your state.

Do you live in a No-Fault state? If so, your own PIP coverage should take care of your medicals and some of your lost wages. The threshold requirements in NF states do vary. Some are monetary, others are verbal or have a "serious" injury threshold.

Where did this accident occur, and what exactly were your injuries. Based on what you posted, your injuries were probably soft tissue, and they would not be considered "serious" by definition.

The offer that they may have extended could be what is called a compromise settlement. Maybe.
References :
Claims - 21 years

By: mbrcatz17

mbrcatz17 — Mon, 08 Mar 2010 07:31:59 +0000

You ask your agent for an opinio.

See, it’s not just about your injuries (you don’t say what they were - did you break any bones? were you in traction?), it’s ALSO about what state you’re in - some states are no fault - you can’t sue for pain and suffering, period. Some, you can opt out of sueing, for minor injuries, for a cut in YOUR rates. Some you have to collect under your own polciy first.

You don’t give enough info - like exactly how you were injured, how much your hospital emergency room bill was, how much followup you required, if any of it was chiro, what state you are in, what your tort option is, etc.

So. Go talk to your agent. Or answer all those questions and repost another question.
References :
agent, 21+ years

By: Queen B

Queen B — Mon, 08 Mar 2010 06:48:59 +0000

I would suggest calling your insurance agent and talking about this with him. He may suggest filing the claim through your own insurance and letting them subrogate back to the other parties for reimbursement. The insurance company should at the very least be covering all your medical bills! sounds like you may in this case need legal representation, BUT i would try using your own company for help first before paying out the ass to an atny.
References :
Agent

By: Tom Z

Tom Z — Mon, 08 Mar 2010 05:58:59 +0000

The gap between the extent of your injuries and the position that the insurance company has taken would lead to the conclusion that you need legal counsel to secure a fair settlement.
References :
35 years insurance industry experience