Visitor Question

Traffic Wreck Settlement Offer…

Submitted By: Teresa (Dallas, TX, USA)

My husband was involved in a traffic wreck where he was at fault. I was a passenger in the vehicle. Our insurance company paid for all medical bills and now they have made me a settlement offer of $1,500.

I’ve been experiencing a pain in my right side that, after all tests were completed, doctors can not figure out what the pain is related to. I don’t want to settle and then later find out that the pain is related to the car accident and that I’ve only received $1,500.

Can I counter offer the insurance company for more money? How much you be a fair amount? 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 Teresa,

You can certainly make a counter-offer to your own insurance company. You can begin by talking with the person from the insurance company

– the Claims Adjuster – who made the offer. You might be honest with her and tell her you have seen multiple doctors (you can tell her exactly how many).

Be prepared to give the Adjuster the full names and addresses of the doctors. If you haven’t already signed a MEDICAL AUTHORIZATION WAIVER you should request one from the Adjuster. She will need to send it to the doctors so they can release that medical information related to the pain in your right side. You can suggest the Adjuster double the amount to $3,000 dollars. If she says no, then you will have to make a decision whether to file a lawsuit against your husband.

As strange as that may sound, if the Adjuster will not adjust the settlement offer higher and you choose to litigate you will have to file a lawsuit against your husband. He will be served by the Dallas County Sheriff’s Department or one of the Constables in your Precinct.

You can be relatively assured your husband’s and your insurance policy will not be renewed. The Adjuster of course has the upper hand. It doesn’t sound like a fair system, and in many ways it is not. We would like to be able to advise you to settle for $1,500, $3,000, or more, but we cannot give that advice. Because you believe the pain in your side may be a result of the collision, we would be remiss if we so advised.

We have no way of knowing if the pain is a symptom of something serious. In that regard we must leave the decision up to you, your husband, and your doctors. It might not hurt to sit down with a Personal Injury attorney. Most of the qualified and reputable ones will not charge you for an initial consultation.

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: September 17, 2017

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