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 Posted: Tue Jun 29, 2010 11:45 pm Post subject: FULL TORT OPTION IN PENNSYLVANIA |
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The insurance adjuster from the at-fault driver who hit me and my husband has offered only $400 for pain and suffering.
My husband went to the ER to get checked out due to neck and head pain. He is ok THANK GOD but on meds. Once he told the adjuster that he was doing well "BUT THERE MAY BE AFTER EFFECTS IN THE WEEKS TO COME", the adjuster offered that amount.
The adjuster knows that my husband has full tort on his policy which allows us to sue for pain and suffering. It seems to me $400 is low-balling and is a sad amount to try to stop a lawsuit. If we settle for $400, that means it is "settled" and we cannot use our full tort option.
Should we call the adjuster back telling him that settling for $400 for pain & suffering would not be at our best interest because once settled, we cannot use our full tort option to sue? And that if he can come up with a higher figure then maybe we (me and my husband) can then make a decision on what our next step will be?
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| Posted: Wed Jun 30, 2010 3:22 am Post subject: |
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You are certainly entitled to make a counter demand for a higher settlement, but your husband will have to prove his injuries for pain and suffering are going to effect him in the future (long term/short term). You may think that $400 is "sad" but what does the adjuster have to go on other than;
| Quote: | | 'BUT THERE MAY BE AFTER EFFECTS IN THE WEEKS TO COME |
What exactly are these effects, their nature and who has advised you about these events and what he should expect? A P&S settlement cannot be easily determined just by saying that someone is/has experianced P&S. Yes you will have to come to some agreement on an amount. After that you, must realease the at-fault party.
| Quote: | | we cannot use our full tort option to sue |
The at-fault party within the means of their policy limits, but again based on what future/possible "events?
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Trench
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| Posted: Wed Jun 30, 2010 2:31 pm Post subject: |
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Thanks for the info. but the only thing we have here to go by is what the ER doctor told us. He said with his neck hurting him (muscular, no skeletal injury) and having dizzy spells and his head hurting, we only have that to fall back on. Future problems can include muscualr neck pain and severe migraines (which then will cause possible loss of work).
My husand did call and left the adjuster a message last night that the $400 settlement is not to our best interest, especially if we settle and future problems occur within the next couple weeks and then using our full tort option is null & void. Wether he can come up with a higher settlement amount will determine what our next step shall be.
With that said, we will wait maybe another 2 weeks to see how he is feelling unless there is some clause (sometimes is) that the settlement can be re-opened.
Does that sound like a plan?
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GUEST1
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| Posted: Wed Jun 30, 2010 11:06 pm Post subject: |
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| Quote: | | Future problems can include muscualr neck pain and severe migraines (which then will cause possible loss of work). |
That's thing. Have you followed up with your general practioner for follow up visits in reference to the injuries? There is nothing to really go on without further diagnosis or information on possible long/short term effects.
| Quote: | | Wether he can come up with a higher settlement amount will determine what our next step shall be. |
That is going to be presented you. When I make an offer and it is not accepted I will ask what would be acceptable and what information can you provide to support your demand. Your demand needs to have some merit before I can present your offer to a company.
| Quote: | With that said, we will wait maybe another 2 weeks to see how he is feelling unless there is some clause (sometimes is) that the settlement can be re-opened.
Does that sound like a plan? |
Since the offer has been made, you may need to discuss these 2 weeks with the adjuster to see if the offer will still be valid in that time. If you feel that you need that amount of time to see how he "feels", you need to seek a medical opinion. No offense or anything, but the injuries you are describing are pretty common and do not have "long term" effects. You need to be realy thinking about the situation and the resolve. Dragging it out (not saying you are) is not going to help the situation.
_________________
65% of the time, it works all the time.
Public and Private Adjuster for:
Auto, home, marine and transportation liability claims.
Consumer Advocate in auto collision repair.
Know your rights! Please visit us @
http://www.stopsteering.com |
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Trench
Senior member
Joined: 16 Sep 2009
Posts: 911
Location: Kansas City
152.85 Dollars($)
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