Car Accident - Medical Expense and Lost Wage Claims Daniel B. Ross
Q.
I was re-ended in a car accident a year ago. I filed a claim with the other person's insurance immediately. The damage to both vehicles was not large ($500). I did however, have medical expenses with invoices for expenses generated out of pocket expense of over $900 plus lost wages totaling roughly $6000. A year later their insurance company is telling me that the accident was not that major they would not offer me any more than $750. This amount doesn't even cover my out of pocket expenses for the medical treatment I received. What are my rights?
-- Anonymous
A.
This is a complex question. The first thing to remember is that settlement is completely voluntary. The 3rd party carrier is not obligated to settle the claim or negotiate with you in good faith. The only time that the 3rd party carrier would be obligated to pay your claim would after a trial and a favorable verdict. Until that time, you don't have any "rights" in relation to the third party carrier or the other driver.
The second thing to remember is that insurance company claims adjusters are experienced negotiators, many of whom have handled thousands of claims with similar facts. Their goal is to get the claim resolved for as little money as they can get away with, while you need to get an amount that, given the facts and the law, will compensate you for all of your injuries and damages. An experienced attorney can help level the playing field for you, and can also consider things that you may not have thought about in presenting your claim. Good luck!