by LAPINE09 » Tue Feb 23, 2010 05:40 am
THAT HIT ANOTHER CAR THAT RAN A RED LIGHT, WE HAVE A WITNESS TO THIS EVEN THOUGH THE POLICE DID NOT CITE THE FEMALE 18 y/o DRIVER. NOW HER INSURANCE WANTS TO PAY ME OFF WITH 700 DOLLARS. MY MEDICAL HAS RUN OVER 2000 AND TIME LOSS FROM WORK ETC. HOW DO i BEGIN THE PROCESS OF LITIGATION, iM BEING PRESSURED TO SETTLE IN TWO WEEKS HERE.
Posted: Tue Feb 23, 2010 06:59 am Post Subject:
First, STOP YELLING!
If your medical bills are $2000 have you asked why they are not even going to pay that much? Or is it $700 on top of the $2000 in medical bills. Did this accident happen almost a year ago? If not, you have longer then 2 weeks to settle. What ever the Statute of Limitations is in your state is how long you have to file suit. Was this their first offer? If so, you need to come back with a counter demand and go from there. It's a negotiation process. If you were selling a car would you expect the person to offer their top dollar first? Same thing here.
Time is on you side. The longer the adjuster has to monitor this claim the more likely it will be that they will offer more money to just close it. Of course you'd need to be reasonable.
I'm guessing that $2000 is mainly for initial diagnostic treatment and then some chiro treatment as follow up? If so, $700 on top of your meds would be a good starting point. Perhaps you have PIP in your state and your carrier paid your meds?
In order to start the "litigation process" you'd either need to file in small claims court or hire an attorney and pay then 33% of the settlement. I can almost guarantee if you used an attorney the attorney would settle prior to filing suit. For these little cases they just try to bulk as much as they can and then settle so they don't have to invest much of their time.
Posted: Tue Feb 23, 2010 07:01 am Post Subject:
Please do not type in all caps, it makes your post difficult to read.
You can start by presenting all the documentation of your situation to the insurance company for their review. Please provide more information.
Posted: Tue Feb 23, 2010 10:00 am Post Subject:
Thanks for the advice.. It may help me in another issue too..!!
.
Wallion..!
(links removed by moderator Lori---read the TOU, and please do not do this again)
Posted: Wed Feb 24, 2010 12:42 pm Post Subject: Insurance claim
You must also see the policy limits of the other party's insurance when you file a claim for the damages. There is no need to rush with this unless your state laws have some specific time limit. You must negotiate with the insurance company before accepting any offer.
Posted: Sat Feb 27, 2010 09:27 am Post Subject:
Just as tcope has mentioned, be reasonable and keep negotiating. It's also true that hiring an attorney will get you a quicker settlement, but would you really like to spend $660 for a settlement worth $2000?
Posted: Sat Feb 27, 2010 01:24 pm Post Subject:
You must also see the policy limits of the other party's insurance when you file a claim for the damages.
Good luck with this Veronica...ever asked a BI adjuster for their insured's policy limits? some will tell, most won't, and most carriers wouldn't allow them to...ridiculous on a claim of this size anyway.Add your comment