Visitor Question

Settlement for Pain and Suffering in Rear End Accident…

Submitted By: Martha (Montana)

I was rear ended on July 1, 2010. The airbags deployed in the car that hit me. I spent 5 months in physical therapy for shoulder and neck pain. I stopped physical therapy because I hit a plateau, so I took several months off.

The at-fault insurance company came to me via e-mail with an offer of $3,000. They had already paid almost $10,000 in medical bills (doctors, x-rays, MRI’s, Physical Therapy). The attorneys that I’ve spoken to say that they can’t really help, as they cannot make any money on the case. I would rather not use an attorney if I can help it. I just want to know what to do next. Thanks.

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 Martha,

Although we are able to make some general observations about your case we aren’t able to render legal advice.

We are able though to use our substantial experience with personal injury law to comment on the facts you present.

What you want to do is convince the insurance company to pay you more than $3,000 for your pain and suffering.

You mention the attorneys you contacted decided not to accept your case. Montana isn’t a No Fault State so the amount of your personal injury claim is governed by two issues.

The first would be the amount of insurance available to pay your claim. The minimum car insurance liability limits in the State of Montana are 25/20/10. That means the minimum amount of insurance available to pay your claim is $25,000.

If your medical bills totaled $10,000 dollars and the insurance company is offering you an additional amount of $3,000 dollars, there remains $12,000 dollars available to work with.

Don’t give up so easily. You have at least another $12,000 dollars of insurance available to you for your pain and suffering.

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) 647-2490.

Best of luck,

Published: November 8, 2011

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