Me and my husband were rear ended at a red light. The other driver didn’t have insurance, so my uninsured motorist insurance and PIP covered my damages and medical bills. I just got a call from the insurance adjuster who indicated he wanted to close out the claim.
My question is, In the past I had a UIM/PIP settlement that covered pain/suffering. This time around, there’s no mention of this. Should I be expecting an additional settlement? Is pain and suffering included as part of UIM/PIP? Thanks for any information you can give.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Marie,
Unless your underinsured/uninsured motorist insurance policy clearly states pain and suffering is not covered, and that is highly unlikely, you have a right to seek compensation for your pain and suffering.
The insurance company claims adjuster is taught to pay out as little as possible on each claim. A few hundred here, a few hundred there, and in a year’s time an insurance company can save millions of dollars on claims across the country where injured parties were unfairly treated.
Contact the claims adjuster and tell him or her about the pain and suffering you endured and continue to endure. You can consider telling the adjuster you will refuse to settle unless a fair amount for your pain and suffering is included in the settlement offer.
Insurance adjusters are not only taught to pay out as little as possible on each claim, but they’re also taught to close out claims as quickly as possible.
If you choose not to agree to settle for an amount that doesn’t include pain and suffering, the adjuster won’t be happy. Instead, in an effort to close out the claim, the adjuster may agree to pay your fairly.
Learn more here: Accidents with Uninsured or Underinsured Drivers
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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