Auto Accident Settlement Question?

Question

We were in an auto accident 7 months ago that involved an uninsured drunk driver and the 4 members of my family. (2 adults and 2 small kids). Our call was totalled and we all sustained injuries with 2 of us needing significant therapy for months afterward.

The adjuster (from my insurance company), called with a settlement figure that seems really low compared to what we've been through. To give you an idea, it's about half of what our total bills were and there are good sized liens on there making it even less.

I'm not looking to get rich here at all and don't expect a ridiculous amount of money but we have been through a lot and my neck will never be the same.

Is this amount negotiable without a lawyer and if so how much room is there to move? Also, what to do about the liens on the medical bills? Any advice from adjusters, etc.? Not interested in hiring a lawyer as I'm not wanting to be greedy here. Lastly, suing the driver is a lost cause. Thanks

Answer 1

Yes, Until you accept the settlement it's negotiable! The first step to to appeal to your adjuster from a first person standpoint. Show them all the bills you have because of the accident and point out that their offer doesn't even cover them. Then ask, if you were me would you accept this? and why? Keep in mind It's their job to save the company money. Be nice at first, there's plenty of time to be nasty or threating later if you have too. If that doesn't work, tell them you don't want to get a lawyer involved but if they don't treat you fairly you will have no choice. Be reasonably but show them you are firm on your belief.

Answer 2

Hmm... its very unusual that a settlement NOT cover all your out of pockets.  Did another portion of your policy (PIP coverage for example) take care of some of those medical bills?    Are they really just telling you they wont cover all your out of pockets?  If thats the case.. I agree you probably need a larger settlement (unless you received excessive treatment on a low impact accident.)

HOWEVER-  lets say a person has 4k in medicals... and their PIP coverage covers 3K... (therefore making 1k out of pocket)  and they are not permenantly injured.. I would never offer 4k for a accident (their whole medical cost).  I would probably offer 1k (their out of pocket cost) plus maybe 500 or so more.  Is that making sense to you?

If they truly arent offering to pay all your out of pockets you need to ask them why.   If you are not happy with the answer.. then maybe it is time to consult an attorney.  However,  as an adjuster-  i sware- im a person too and i am always happy to answer your questions!   I DONT want to rip people off (contrary to popular demand) HOWEVER i am also aware many people see dollar signs after an accident and accidents sometimes turn good people into money hungry selfish pigs.  People see WAYYY to many lawyer commercials and get unreal expectations.  "pain and suffering" is for people whos lives are permenantly changed-  their faces scarred, paralyzed, etc.

So my answer as an adjuster.... They need to cover ALL your out of pockets if you treated reasonable.. and MAYBE another 500-1k each if you aren't permenantly injured w/ a permenancy rating.

Answer 3

You might get more help if you were more specific about the total of the bills, what the settlement offer was, and what your coverage limits are on you uninsured motorist coverage. If the settlement offer is at your limit of coverage, then that is all that you are going to get. If you have the minimum coverage (which many people do) you could very easily hit the limit with four injured people.