Visitor Question

How can I receive fair compensation?

Submitted By: Anonymous (Midwest City, Oklahoma)

My accident occurred in 2017 in Oklahoma. I was stopped at a red light and was rear ended by a driver not paying attention. The driver’s insurance company paid for the damages to my vehicle. I had to go to the doctor the next day because I had bruising to my back. To date, my medical bills are approximately $5,000.

My insurance company already paid $2,000 for the medical bills. There is a balance of $3,000. The driver’s insurance company has agreed to pay that amount.

Over and above that amount the driver’s insurance company has only offered $1,200. I presume that was for my pain and suffering. I refused that amount and asked them to pay $5,000. They refused.

What would be a fair amount for them to pay? Should I hire an attorney? 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 Anonymous,

Your first consideration is your insurance company’s right to reimbursement for the $2,000 already paid to you directly, or on your behalf to your medical provider. Check with them or read your policy to find out if you are required to reimburse them for that amount.

While you mention there are over $5,000 in medical bills, you don’t mention what type of medical treatment you received. If the treatment included test such as an MRI, CAT Scan, or X-rays then the amount of $5,000 may be reasonable.

To convince the insurance company to pay an additional amount over the $1,200 will require proof of medical treatment and the treatment’s necessity.

At this point, your only injuries seem to be a bruised back. In the insurance and legal business such an injury is referred to as “soft-tissue.” If that was the extent of your injuries and medical treatment, the insurance company will likely not pay much more than they have already.

However, if your injuries were more serious and the medical treatment you have received was appropriate, then your demand for a higher settlement amount would be justified.

When you’ve been injured in a car accident it is always a good idea to consult with several personal injury attorneys. Most injury attorneys do not charge fees for initial office consultations.

Once you’ve spoken with several attorneys you will have a better idea of the viability of your claim for additional compensation, and whether a personal injury attorney would be able to obtain a higher settlement amount, even after attorney’s fees are deducted.

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: October 19, 2017

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